Barking Dogs Can Also Bite: Condo Corps May Be On The Hook For Dog Attacks On Common Property

In most cases, cohabitation between condominium residents and "a man's best friend" go without a hitch. Society has accepted that pets form part of many families and owners are, for the most part, responsible and respectful of their neighbours. To assist with this peaceful cohabitation, many condominiums have put in place various restrictions on dog ownership and have adopted rules dealing with dog etiquette in units or on common property. Some condominiums prohibit dogs all together, while others put restrictions on the number, size or weight of dogs. In most (if not in all cases), condominiums also have rules to deal with dogs that become a nuisance.

Still there is no shortage of reported legal cases where pets and condominium corporations are adversaries. Many cases deal with barking dogs that become a nuisance, but there is an increasing number of cases dealing with dog attacks on common property. A recent decision¹ confirmed that when such attacks occur, the