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pets and condo boards

T

TangoWhiskey

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Hi,



I know a woman with severe but treated mental issues who is on disability. She has successfully paid her 1100$/month rent with her roommate for 12 years in the same apartment now.. She gets no support other than ODSP, say 14K/yr, and her roomate works minimum wage, say 14 000/year. I'm looking at buying them a condo since they have proved she can make the payments, kind of like rent to own.



The issue is her cats. She has a fluctuating population of between 8-10 as she nurses abandoned kittens til they are well enough to be adopted out. The animals are invariably silent, well kept and litter trained. There are no smells at all as she knows she will lose her current unit if it becomes a problem.



However, if someone complained, the condo board might evict her due to the cats. I don't know tenancy laws but if they are very pro-tenant, do these apply to the a condo?



What could happen if she bought such a condo?



Thanks
 
[quote user=TangoWhiskey]What could happen if she bought such a condo?
Check the condo by-laws. Most condo boards limit the type and # of pets. She will likely be fined severe penalties if she exceeds the limit, especially if there is smell or noise, although the board has broad discretion here. Perhaps consider a condo in a pet friendly building or get on the board, get a majority for such a by-law amendment, then sell condo to her.



Perhaps buy a small house instead.
 
Being on 2 condo boards and soon to be 3 in Ontario, I can say that yes there will be problems if smell, noise or other are reported. If the condo is a larger, concrete floor type, she likely would not have an issue unless someone complained about the visibility of her taking them in and out. That said, the complaint would have to prove its not the same cats being taken for a 'ride' etc. Regardless of complaint, from my experience, the worst the Board could do is pressure you to have the cats removed. They cannot force you to evict her nor sell.
 
[quote user=MLaudano]the worst the Board could do is pressure you to have the cats removed. They could also fine her .. repeatedly and increasingly .. but yes if no one complains and it is hard to find out how many cats it is indeed hard to enforce.



You decide if it is worth the risk !
 
I agree with Rickson - couldn't you just treat the fines as a cost of having the cats? They are crucial to her, they and the meds keep her grounded with something to focus on. Are escalating fines common? I guess it must come down to the neighbours and what the rules actually are.



Thanks for the responses
 
[quote user=Rickson9]What happens if the tenant ignores the fine?
Owner gets fined, not tenant. Fines accumulate @ 12%+ interest usually, and in some provinces get liened onto property and then property is forced into foreclosure if unpaid, say a year in .. at least that is what is not uncommon practices in BC .. unclear about those enforcement rules in AB or ON !
 
I totally agree with you and your points..Its depends on space and floor type if it is suitable for pets or not..They can create problem also if space or we can say area is small as that can be messy,smelly...
 
Is your desire to get into the RTO with this pair based on charity or business. If you are making money with them as tenants what is the motivation to change. They likely will have no down payment and the risk of one leaving or the pair being denied a mortgage is high.

Cats aside, which is in my opinion a deal killer, the fact that one is disturbed and on ODSP is not a good situation.



If they have not approached you looking to get into a RTO and there is not a significant amount of money at a reasonable risk to be made you should continue renting to them as is.

10 cats, mentally unstable, ODSP, minimum wage, 2 friends, one alone cannot pay the rent(or mortgage). You have been lucky, very lucky, so far so why push your luck by getting into charity work.
 
She is a close family friend and I have visited her moldy apartment many times. The REIT mgmt running her complex seems to have sized up her situation - she is afraid to report the health risks as she is afraid of termination due to so many cats, and schizophrenics are reclusive from society generally - I'm trying to figure out how to get her into a home she controls and can build equity in as she is a tenant for life. I agree there is risk in many ways but the irony is she is actually one of the best tenants you could want - a total clean freak despite the mold she can't get rid of and which the REIT does not address.
 
Too high risk in my opinion, better to separate personal from business.



My policy is never to rent to friends or family, same would hold true for RTO. If you really want to help her just put the effort into resolving her mold issue. Chances are that if you go RTO you may end up with a condo full of mold, the condo board barking at your heals, no income and no tenants. Realistically you should accept the fact that in a condo at some point in time the cats are going to become a major issue. No owner of a condo wants 10 cats living next door regardless of how well they are cared for.



Her life is best suited to where she is in the hands of social workers due to her "issues" and should remain so. If it is possible to help make her happy where she is it will likely make no appreciable difference in her owning a condo with all the build in owner responsibilities.



If however you are strictly doing this as a friend then you take on the inherent personal responsibilities associated with the decision. Condo boards, insurance, mental illness, ODSP, room mates, low income, unstable income, neighbour issues, cats, etc etc.



As I am not in the business of social assistance I preferring to leave that responsibility in the hands of professionals.
 
Tango Whiskey


To be honest, your intention is admirable but very out of sync with reality. Just from a business perspective your plan is already awash.


To be frank, with my experience as limited it is in finance, there is almost no way any lender would entertain this RTO let alone a straight out purchase. The only way to do this deal is by way of an extremely long term AFS. ! This is not an exit strategy; it`s a long term commitment with unknown variables one of which is ODSP. What would you do to them if the deal goes sideways? YOU must ask yourself this tough question, especially in this circumstance. In my view they are renters, no way around it.


The second issue is your emotions, why are you doing this? What advantage is there for either party, especially if it goes off the tracks?


Not to be negative or cynical, this plan needs to be shelved, not only for your benefit and peace of mind but for the protection of the party concerned. There are better deals to do. I`m not saying this to be `mean` or `brutally honest`. I`m saying this out of concern for everyone involved. Just walk away from it.


Some things are better left alone, and this is one of them.
 
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