What condo boards can and can't restrict. Pets, service animals, long-term tenants, and short-term rental regulations in Ontario.
Before you buy a condo, you need to read its governing documents: the declaration, bylaws, and rules. These three layers of regulation determine what you can do with the unit. What's permitted in one building may be prohibited in the next. If you plan to have a dog, rent the unit out, or list it on Airbnb, verify those things are allowed before you make an offer, not after.
Three types of documents govern what's permitted in a condominium corporation, in descending order of authority: the declaration, bylaws, and rules. The declaration is the founding document, registered with the province when the condominium is created. It's the hardest to change and takes precedence over everything else. Bylaws govern the internal management structure and are amended by a majority owner vote. Rules govern day-to-day conduct and can be changed by the board, though owners can vote to reject a rule change within 30 days of notice.
Restrictions on pets, rentals, and short-term rentals can appear in any of these three documents, but the most enforceable ones are in the declaration. A restriction in the rules is easier to change than one in the declaration.
Condo boards have broad authority to restrict or prohibit pets through the declaration or rules. A blanket no-pets policy is enforceable if it's in the declaration and was in place when you bought. Size and breed restrictions are also common: a building might permit cats and dogs under 20 pounds, or prohibit certain breeds entirely.
Weight limits and breed restrictions are generally enforceable as long as they're applied consistently. What boards cannot do is discriminate against a unit owner who needs a service animal or emotional support animal recognized under the Ontario Human Rights Code. Service animals are exempt from pet restrictions, and a board that refuses to accommodate a legitimate service animal is exposed to a human rights complaint.
A certified guide dog, hearing dog, or other service animal trained to perform tasks for a person with a disability is exempt from condo pet restrictions under the Ontario Human Rights Code. Emotional support animals are treated differently. Whether they qualify for accommodation depends on the specific circumstances and the nature of the disability-related need. If you rely on a service animal, confirm the building's position and understand your rights before buying.
Ontario condominium corporations cannot prohibit unit owners from renting their units to long-term tenants. The Condominium Act 1998 specifically protects the right of owners to lease their units. A declaration provision that purports to prohibit all rentals is not enforceable.
What boards can do is regulate how rentals are managed. They can require owners to register tenants with the corporation, require tenants to comply with the building's rules, impose move-in and move-out schedules, charge move-in fees (within limits set by the Act), and require owners to provide contact information for their tenants. These are all legitimate administrative requirements. A flat prohibition on rentals is not.
Investors who buy condos for rental income should verify that the building doesn't have any unofficial culture of making rental life difficult, even where the law is clear. Look at the meeting minutes attached to the status certificate for any discussions about rental policies.
Short-term rentals (defined as rentals of fewer than 28 days in most contexts) are a different matter entirely. Under section 58(1) of the Condominium Act, boards may restrict or prohibit short-term rentals through the corporation's rules or declaration. Many buildings in Toronto have adopted explicit short-term rental prohibitions.
Toronto's own short-term rental bylaw adds a separate layer of regulation. The City requires that short-term rental operators be principal residents of the unit they're listing. You can't buy a unit purely as an Airbnb investment property if you don't live there as your primary residence. The Local Planning Appeal Tribunal (LPAT) upheld Toronto's STR regulations, and they remain in force.
For buyers who want to rent a unit on Airbnb, the analysis has two parts. First, does the building's declaration or rules prohibit short-term rentals? If yes, the building is off-limits for that purpose regardless of the city bylaw. Second, do you meet the City's principal resident requirement? Both conditions must be satisfied before STR is a legal option.
The declaration and rules attached to the status certificate are the definitive source. When you're researching buildings before making an offer, ask your agent to pull the condominium's governing documents from the province's condo registry or request them from the corporation. Look for any provisions under "restrictions on use," "leasing," or "residential use" sections. A lawyer can confirm whether a restriction is legally enforceable if you're uncertain.
Beyond pets and rentals, condo rules commonly restrict: smoking (many buildings now prohibit smoking in units, not just common areas), cannabis cultivation, commercial use of units, satellite dishes on balconies, unit modifications that require structural changes, and the types of vehicles permitted in parking. Read the rules section of the status certificate package carefully if any of these affect you.
Rules can be changed by the board with 30 days' notice to owners, who can then requisition a meeting to vote against the change. Declaration provisions require an owner vote (typically 80% majority) to amend and are far more stable. If a restriction in a building's rules is something you're counting on staying the same, understand that rules can change more easily than declarations.
The status certificate includes the declaration, bylaws, and rules. Understand what you're buying into.
Status Certificate Guide