Jennifer Townsend recently purchased a unit in a condominium that was built in 1994. To maintain the property value the condominium corporation registered a restrictive covenant on the title to the land when it was first constructed. It states, "No unit holder may keep more than one dog on the premises at any one time." Jennifer has one small dog and was aware of this covenant when she purchased the property. Shortly after she moved in, Jennifer's mother informed her she could no long care for her own dog and asked her to temporarily house her dog until they could find a permanent solution. Jennifer agreed, but unfortunately a forever home was more difficult to find than originally thought. In the meantime Jennifer became attached to the new addition in her house and intended to keep the dog.

When the condominium corporation learned Jennifer housed two dogs they requested that she reduce the number of dogs she has in her unit. Jennifer believes the restriction in unreasonable as it is questionable whether more than one dog would cause excessive damage to the property as to devalue it. The corporation believes they can take legal action to have the restriction enforced. What legal action, if any, could the corporation take and on what basis could they take it?

Would Jennifer's argument be effective? Who would succeed?

Would it make any difference if her mother had two dogs that Jennifer wanted to keep? Why?

Would it make any difference if Jennifer's mothers pet was a cat versus a dog? Why