Sectional title living for your pets
16 October 2020 | Nicole Tavares
If you are an animal lover, that is considering living in a sectional title scheme, it is vitally important that you read the scheme's specific conduct rule that regulates the keeping of pets, and this should be done before purchasing or renting a unit. This article will focus on examples of various pet rules, discuss what happens if the pet rule is amended while your pet is living in the scheme, as well as the steps that the body corporate would need to take to remove your beloved pet.
The pet rule found in the prescribed conduct rules states that you can keep an animal, reptile or bird in your section or on the common property, provided that you have the written consent of the trustees. It goes on to say that the consent must not be unreasonably withheld. In the interpretation of this rule, it is important to note, that this consent should be obtained prior to bringing your pet into the scheme. The trustees are within their rights to set out reasonable conditions for the keeping of your pet, as well as the withdrawal of their consent should you be in breach of these conditions.
As you may be aware, not all schemes have the prescribed rules, as amendments to the scheme rules have been made over time. We have seen some interesting pet rules, from no pets, cats only, to one small dog etc. What you need to keep an eye out for here, is whether the rule is reasonable and applied equally to all owners and occupiers within the scheme. Often, we will see a no dog rule, in a scheme that has smaller units, and this would be a reasonable rule, as it could be considered cruel to raise a dog in such a small space, and could even be contrary to the relevant municipal by-laws. However, the rule cannot provide that dogs are allowed in the larger units and not the smaller units within the scheme.
What happens in the situation where you moved into the scheme at the time when the rules allowed for your pet, and now the current trustees wish to change these rules? When we come across this, we always suggest that the trustees propose including a grandfathering rule. This means that all current pets will be allowed to continue residing within the scheme, however the owners will not be permitted to bring in any new pets.
There is one type of pet that will always be permitted in sectional title schemes, and that is a guide, hearing or assistance dog. These types of dogs are automatically considered to have the trustees consent. However, the trustees are still within their rights to provide reasonable conditions for the keeping of such dog, which the owner suffering from a disability must ensure are adhered to. It is a debate in the industry, as to whether an emotional support animal would fall within this rule, however as the Sectional Titles Schemes Management Act only makes mention of “a guide, hearing or assistance dog” it would be tough to argue, and we would suggest that you err on the side of caution and first obtain the consent of the trustees.
In the event that the trustees find themselves in the position where the conduct of your pet has deteriorated to such an extent that they need to remove such pet from the scheme, the trustees would are entitled to first issue a warning, followed by a fine, should the scheme’s rules permit. If further contraventions occur, the trustees would need to make an application to the Community Schemes Ombud Service for an Order requiring the removal of your pet. The trustees are by no means authorised to remove your pet themselves.
When it comes to dealing with a guide, hearing or assistance dog, the trustees cannot request the dog to be removed, however, they are permitted to implement a fine if the rules or conditions set by the trustees are contravened.
Do you, or your scheme have an issue with pets, does your pet rule need updating, or would you like to include a pet application form?, please contact us on 061 536 3138 or email info@tvdmconsultants.com.