Condo Law

Hyman: The weighty question about dogs in condos

Q: Is there a weight restriction for dogs in a condo unit?

A: There is no weight limit in the Condominium Act or regulations. A weight restriction may be contained in the declaration or rules. A rule, unlike a declaration provision, must be reasonable but the courts have upheld a weight limit rule in a highrise condo. The rationale appears to be that occupants live in close proximity and large dogs could create a risk of injury in hallways and elevators as well as stairwells in the event of an evacuation due to fire.

Those considerations are not applicable to townhouse condos and a court might reject a weight restriction rule as being clearly unreasonable.