Pet Bylaws in BC Stratas: What's Enforceable

If you're an owner buying into a BC strata and worried whether your dog or cat is welcome, or a current owner wondering whether council can really force a pet bylaw change on you mid-lease, the answers depend on a small number of statutory rules and a growing body of CRT decisions. Pet bylaws in BC stratas are less restrictive in practice than many owners assume, and less enforceable than many councils assume. The Strata Property Act gives stratas real authority under s. 121 to regulate pets through bylaws, but that authority bumps up against the BC Human Rights Code and a clear principle of grandfathering. Below is the working map of what stratas can enforce, what they can't, and where the recent cases have landed.

What pet bylaws can do

A BC strata can pass bylaws restricting pets so long as the bylaw is enacted by 3/4 vote at a general meeting under SPA s. 121, registered at the Land Title Office, and complies with overriding human rights law. The most common pet bylaws we see in Squamish, Whistler, and Pemberton stratas:

• Number limits. Typically one or two pets per unit. Some buildings allow more if they're small (fish, caged birds).
• Size limits. Weight caps of 25 lbs, 35 lbs, or 50 lbs are standard, measured at adult weight.
• Species limits. Often restricting to "domestic pets" (dogs, cats, birds, fish) and excluding reptiles, livestock, or exotic animals.
• Behavioural standards. Leashed in common areas, no aggression, no excessive barking, pet waste cleaned immediately.
• Liability. Owner responsible for any damage caused by pet, including to common property.

A more restrictive option is a full no-pet bylaw, which prohibits any pet other than fish in a tank under a certain size. These are valid if passed properly but they create the messy grandfathering issues we'll cover below.

Grandfathering, the biggest source of disputes

Whenever a strata passes a more restrictive pet bylaw, existing pets in the building are grandfathered. The pet stays. When the pet dies or moves out, the owner can't replace it with one that would breach the new bylaw. This principle is well-established in CRT case law and several appellate decisions.

In practice this means a strata that passes a no-pet bylaw in 2026 will have grandfathered dogs and cats living in the building for another 10 to 15 years. The bylaw only takes full effect once natural attrition completes. Some councils don't realize this and try to enforce against existing pets, which is the most common pet-bylaw enforcement failure we see at the CRT.

The grandfathering applies to pets in residence when the bylaw is registered. If an owner acquired a pet between the AGM vote and the LTO registration (or worse, after registration), the pet is not grandfathered, even if the owner argues the AGM hadn't really passed when they got the pet. Date of registration is the line.

Where the BC Human Rights Code overrides bylaws

The Human Rights Code applies to all housing in BC, including strata properties. It overrides strata bylaws when the bylaw conflicts with a protected ground, most commonly disability. Two categories of animal are protected:

1. Guide and service animals. Defined under the BC Guide Dog and Service Dog Act. These are trained to perform specific tasks for a person with a disability. They are protected absolutely. No strata bylaw can exclude a service animal, regardless of size, breed, or species restrictions in the bylaw.

2. Disability-assistance animals more broadly. Animals that assist with a recognized disability (including mental health conditions) where the animal is reasonably necessary as accommodation. This is a more flexible category and outcomes depend on medical documentation and whether the strata engaged in good faith.

A no-pet bylaw cannot be used to deny a service dog. A weight limit cannot exclude a large service dog. A breed restriction cannot exclude a service animal that happens to be a restricted breed. The Human Rights Tribunal has been clear and consistent on this for many years.

For emotional support animals (ESAs), the analysis is more case-specific. The owner needs to demonstrate (a) a disability, (b) a connection between the animal and accommodation of that disability, and (c) that no less-restrictive accommodation works. Recent CRT decisions on ESA accommodation walk through this analysis in detail.

Breed restrictions, mostly unenforceable

Many strata bylaws still list specific dog breeds (pit bulls, rottweilers, dobermans) as prohibited. The legal landscape on this has shifted significantly in recent years. The BC SPCA, animal welfare organizations, and the CRT itself have moved away from breed-specific restrictions on the basis that they discriminate without evidence of harm.

The CRT in recent years has consistently declined to enforce breed-specific bans, instead requiring stratas to focus on behavioural standards. A dog of any breed that has documented aggression or biting incidents can be required to leave; a dog of a "restricted breed" with no behavioural issues generally cannot. This shift means many older strata bylaws contain unenforceable breed lists that should be amended at the next AGM.

What does still hold up: behavioural standards (no aggression, no biting, leash compliance), and size limits (which apply to all dogs equally, not just specific breeds).

Enforcement when a pet bylaw is breached

The s. 135 process applies to pet bylaws the same as any other bylaw. Written notice, opportunity to respond, hearing if requested, written decision. Fines up to $200 per breach under Regulation 7.1, with continuing-breach fines every seven days for ongoing violations. See our bylaw infraction hearings BC post for the full procedure and maximum strata fines BC for the dollar limits.

Common pet bylaw enforcement scenarios:

Recent CRT cases worth knowing

The CRT publishes pet-related strata decisions weekly. A few patterns from the past two years:

• Procedural defects lose for the strata. Bylaw enforcement without proper notice or hearing routinely fails, regardless of how clear the breach is.
• Grandfathering is robust. Stratas trying to enforce restrictive bylaws against pets in residence when the bylaw passed lose almost universally.
• Behavioural standards are upheld. Dogs with documented aggression, repeated complaints, or substantiated bite incidents have been ordered removed in multiple decisions.
• Service and assistance animals are protected. The strata cannot deny a service animal regardless of bylaw text.

What owners should do before getting a pet

If you're an owner thinking about a new pet, three steps will save you a lot of grief later:

1. Pull your strata's current bylaws. Look for pet restrictions specifically. The strata is required to provide these on request (Form B request) and within 14 days.
2. Confirm any size, breed, or number limits. Get the adult weight projection for any new dog from your vet or breeder before adopting.
3. Register the pet with council on arrival. Even if not required, a written record protects you in any future grandfathering dispute.

If your strata's pet bylaws look unreasonable or contain old breed restrictions, you have the right to propose an amendment at the next AGM. It takes a 3/4 vote to amend a bylaw, but pet bylaws are often updated when enough owners care about them. For broader context on bylaw vs rule mechanics, see strata bylaws vs rules.

For owners facing a current pet enforcement file or stratas trying to draft a sensible pet bylaw, reach out to our office. We've worked through dozens of these and the resolution path is usually clearer once a third party walks both sides through it.