Pets in Sectional Title Schemes: Rules, Regulations, and Best Practices For Owners
08 December 2023 | Sensorpix Digital Content
Pets are more than just animals. They're companions, friends, and family members. Living with pets can bring joy and happiness to your life, but it also comes with challenges. If you live in a sectional title property in South Africa, navigating pet ownership rules, regulations, and best practices can be particularly daunting. From finding a pet-friendly complex to understanding the governing documents, many factors must be considered.
In this article, we'll explore the ins and outs of living with pets in sectional title in South Africa and provide you with the information you need to make informed decisions about pet ownership in this context. So, whether you're a seasoned pet owner or just starting out, read on to learn how to navigate the rules and regulations of living with pets in sectional title South Africa.
Understanding the rules and regulations for pets in sectional title schemes
When living with pets in sectional title schemes, it's crucial to understand the rules and regulations governing pet ownership. These rules are typically outlined in the complex's governing documents, including the conduct rules.
While the Constitution of South Africa protects the right of individuals to own pets, it's important to note that the rules and regulations of a sectional title scheme are permitted to limit this right. For instance, some complexes may restrict the number of pets a resident can own, while others may prohibit the size or weight of dogs.
The rules regarding pets in Sectional Title schemes in South Africa are governed by the Sectional Titles Schemes Management Act 8 of 2011 (STSMA) the Prescribed Management Rules (PMR) and the Prescribed Conduct Rules (PCR). These regulations apply to all sectional title schemes in South Africa. In South Africa, the STSMA, PMR and PCR set out the general framework for managing and conducting sectional title schemes, including pet-related rules. The default position under the STSMA is that pets are allowed in sectional title schemes, but the scheme's conduct rules may impose certain provisions and requirements.
Additionally, it's important to understand the difference between exclusive-use areas and common areas within a complex. Exclusive use areas, such as balconies or gardens, may be subject to specific rules regarding pet ownership. For example, a complex may prohibit pets from being on balconies or in gardens during certain hours of the day. Understanding these rules and regulations is essential for ensuring you enjoy your pet's company without violating complex rules.
Some important points to consider regarding pets in sectional title schemes in South Africa are:
Conduct Rules: Each sectional title scheme has its own conduct rules, which may include specific pet provisions. The trustees usually draft these rules and should be registered with the Community Schemes Ombud Service (CSOS). The conduct rules may restrict pet ownership or specify certain conditions for keeping pets.
Amendments to Conduct Rules: Changes to the conduct rules regarding pets can be made through a formal process, involving a special resolution passed by the owners of the body corporate.
Reasonable Restrictions: The STSMA states that any restrictions on pet ownership in the conduct rules must be reasonable. Pet restrictions mean that outright pet bans might be difficult to enforce if deemed unreasonable or unfair.
Grandfather Clause: In some cases, a sectional title scheme that was initially pet-friendly may change its conduct rules to prohibit pets. However, the STSMA typically includes a "grandfather clause" that allows existing pet owners to keep their pets, even if new pet ownership is restricted.
Management of Pets: Owners are responsible for the behaviour and actions of their pets. If a pet causes a disturbance or becomes a nuisance to other residents, the trustees may take action to address the issue.
Both potential buyers and existing residents must review the conduct rules of the specific sectional title scheme they are interested in or already reside in.
Best practices for pet owners in sectional title schemes
As a pet owner in a sectional title complex, there are several best practices that you can follow to ensure that you and your pet can live harmoniously with your neighbours.
First and foremost, it's essential to be a responsible pet owner. Being a responsible pet owner means ensuring your pet is well-behaved and well-trained and that you clean up after them. It's also important to keep your pet on a leash or in a carrier when walking them in common areas and to ensure that they don't disturb your neighbours with excessive barking or meowing.
Another best practice is to be considerate of your neighbours. Considering neighbours means being mindful of your pet's noise and taking steps to minimise any disruptions. Additionally, it's important to respect your neighbours' space and ensure that your pet doesn't impose on their sections or exclusive use areas.
Finally, it's important to be proactive when addressing any issues. If your pet does cause a disturbance, it's important to address the issue promptly and take steps to prevent it from happening again.
Dealing with pet-related disputes in sectional title schemes
Despite your best efforts to be a responsible pet owner, disputes may still arise between you and your neighbours. In these situations, it's important to understand how to navigate the dispute resolution process.
The first step is to resolve the issue informally by talking to your neighbour and addressing their concerns. If this doesn't resolve the issue, you may need to escalate the matter to the complex's managing agent or trustees. In some cases, the CSOS, which all levy-paying owners have free access to, may be approached for an order to provide clarity in the dispute.
Common misconceptions about pets in sectional title schemes
Several common misconceptions exist about pet ownership in sectional titles in South Africa. One of the most prevalent misconceptions is that pets are prohibited in sectional title complexes. While some complexes may have rules and regulations that limit pet ownership, it's important to remember that these rules are not universal. According to the PCR, owners or tenants require the written permission of the trustees to keep a pet. The trustees cannot unreasonably refuse such consent. However, it is important to note that the rules governing pets in sectional title schemes can vary from complex to complex, and it is always best to consult the rules applicable to your specific scheme.
Another common misconception is that pets are a nuisance and can disturb neighbours. While it's true that pets can cause disruptions, responsible pet ownership can help to mitigate these issues. Additionally, many complexes have rules and regulations to address pet-related disturbances.
Finally, a misconception is that pets are incompatible with sectional title living. While it's true that pet ownership in a sectional title complex requires some additional considerations, it is possible to live harmoniously with pets in this context. Several bodies corporate in South Africa have banned pets outright. Several South African leading sectional title academics confirm that 'No pets rules’ are invalid. They have confirmed that all principles apply to sectional title rules, including considered applicable case law. They have concluded that an outright ban on pets would not be enforceable in South Africa.
Tips for finding pet-friendly sectional title schemes
If you're considering pet ownership in a sectional title complex, several tips can help you find a pet-friendly complex.
First, it's important to do your research. Look for complexes with a reputation for being pet-friendly, and ask other pet owners in the area for recommendations. Additionally, it's important to review the complex's governing documents to ensure that they don't have any restrictions on pet ownership.
Another tip is to be upfront about pet ownership when applying for a unit. Some complexes may require pet owners to provide additional information or pay a pet deposit, so it's best to be prepared for these requirements.
Finally, visiting the complex in person is important to ensure it's a good fit for you and your pet. Look for pet-friendly amenities, such as nearby parks or walking trails, and ensure the complex's common areas are well-suited for pet ownership.
Pet-friendly amenities in sectional title schemes
Many sectional title complexes in South Africa offer a range of pet-friendly amenities for residents and their pets. These amenities include dog parks, walking trails, and on-site grooming services.
Additionally, some complexes may have pet-specific rules and regulations, such as designated areas for pet waste disposal or restrictions on the size or weight of dogs allowed in the complex.
By choosing a complex that offers pet-friendly amenities, you can help to ensure that you and your pet have everything you need to live happily and harmoniously in your new home.
Conclusion
Living with pets in a sectional title complex in South Africa can be a rewarding and fulfilling experience. By understanding the rules and regulations that govern pet ownership, following best practices for responsible pet ownership, and being proactive in addressing any issues that may arise, you can enjoy all the benefits pet ownership offers. With the right approach, living harmoniously with pets in sectional title South Africa is not only possible, but it can also be one of the most rewarding experiences of your life.
If you require any assistance with your rules, regarding pets then please contact us at info@tvdmconsultants.com or 061 536 3138 to see how we can assist you.
If you have not already done so, click here to sign up to our newsletter.
About the Author
Brendon is the founder of Sensorpix Digital Content. He is an avid content creator with more than 20 years in the creative industry. Brendon enjoys telling stories through visual and written communications. Brendon has also been an inhabitant of sectional title schemes for more than 20 years and has developed a comprehensive knowledge of shared housing over this time. Brendon has completed his Bachelors in Communication Science through UNISA and is currently endeavouring to completed an Honours degree in Media Studies