Sectional Title Matter: Pets
The keeping of a pet at a sectional scheme can be a highly emotional and contentious issue - especially if you receive a letter from the Trustees or the managing agent ‘instructing’ you to ‘get rid’ of your beloved friend. If you are anything like me, who considers my Bouviers to be part of the family, you would probably put your unit on the market immediately – I think I would!
But let’s not be hasty . . .you have rights, and surely not allowing you to keep your dog at the scheme or forcing you to remove your dog because it barks too much is a violation of your Constitutional Rights?
There is seldom, if ever, a straightforward “yes” or “no” answer when it comes to the Law and this is no different.
WHAT DOES THE LAW SAY?
All sectional title schemes in S.A. are established under The Sectional Titles Act.
Every scheme has Conduct Rules. Usually a Body Corporate is subject to the prescribed Conduct Rules (which are default Rules that apply to all schemes in the country in terms of the Act).
These Rules are brief and fairly general and don’t take into account the specific needs and requirements of a scheme. The Act permits a Developer to change the Conduct Rules when he registers the scheme, or the members of the Body Corporate to substitute, change or add to the default Rules so that they can exactly fit the needs of the scheme.
Once these Rules are lodged at the Deeds Office they become ‘law’ for the members of the scheme and must be adhered to by all residents.
The Act also provides that the Rules must be reasonable and apply equally to all owners of units put to the same use.
The default Rules state that pets (which include reptiles and Arachnids such as Tarantulas by the way!), can only be kept at a scheme with the written consent of the Trustees, which consent may not be unreasonably withheld.
In this case the Trustees must consider each and every request for permission to keep a pet on its own merits. They cannot arbitrarily deny the request for consent. The Trustees can render the keeping of the pet at the scheme subject to reasonable conditions, such as that the dog cannot wander unattended on the common property and that the owner must pick up any excrement.
CAN A BODY CORPORATE PROHIBIT AN OWNER FROM BRINGING A PET INTO A SCHEME?
Only if the Rules specifically state “NO PETS ALLOWED”.
Your Constitutional Rights will not be violated in this instance. In handing down a judgment on this precise question, an eminent Judge alluded to the fact that you have the absolute right not to buy a unit in a sectional scheme, however if you decide to live in a sectional title scheme you must abide by the Rules.
CAN THE BODY CORPORATE FORCE SOMEONE TO REMOVE A PET THAT HAS BEEN ALLOWED TO LIVE AT THE SCHEME SIMPLY BECAUSE THE RULES HAVE CHANGED?
Absolutely not. This will indeed constitute an infringement of your rights. In Law what is called “the grandfather” provision applies to this situation, which means that an old rule continues to apply while the new rule will only apply henceforth.
I promise to cover more in-depth aspects of keeping pets as a scheme in a later blog, or answer Readers specific questions regarding this issue.
SEND YOUR QUESTIONS TO . . . kbleijs@ibalaw.co.za
