select
|

Pets in sectional schemes

With the increasing demand for sectional title units (according to a recent FNB Property Barometer report) comes, too, the need for pet friendly sectional title schemes.

There is a rising trend for people - often young professionals and couples without children ? to own pets and to treat them much like members of the family, which has in recent times even led to lengthy court cases (and even been taken to the Supreme Court of Appeals in one instance) when the owners have been told they can not keep their pets with them.

"The first thing that prospective buyers of sectional title units should remember, however, is that they should familiarise themselves with the prescribed conduct rules in that scheme before they commit to purchasing or occupying a unit, said Shan Hulbert, sales manager for Knight Frank Residential SA. This is because the legal principle "caveat emptor - let the buyer beware? applies and a buyer is expected to have knowledge of the rules applicable to the scheme. In signing an offer to purchase he is accepting the rules and regulations of living there."

Some schemes have rules which prohibit the keeping of any pets. Others provide that the owner/occupier of a section may only keep certain pets (often even listing the type and size restrictions of pets that are allowed) with the written consent of the trustees. Trustees should be reasonable in the rationale behind specifying what sort of pet is allowed and what isn?t, however, as there are many cases where disallowing them could cause the owner much distress and financial loss if they should have to sell. If it should happen that an owner feels the trustees have unreasonably withheld consent, a court or arbitrator may be approached for a declaratory order.

"While it can be argued from the body corporate?s perspective that sectional title schemes have limited space and, therefore, can only allow a certain size or number of pets to live in them, the age and time that the pet has been with its owner must be taken into account when a prospective buyer applies to have his pet live with him as well as whether there is a chance of "replacing? them with others should they die, said Hulbert."

"The other question that needs to be asked is, "How will this allowing this pet affect other owners in the scheme?? - if it does not bark excessively, is not a threat to the safety of others or will not roam, then there is no legitimate reason not to allow the owner to keep it, she said."


  Comment on this Article

  Please login to post comments

Post to my facebook wall
  
2000
Characters remaining


    Latest Property News
    • 23 Nov 2017
      Reserve Bank Governor, Lesetja Kganyago, said that the Monetary Policy Committee had once again decided to let the interest rates remain unchanged with the repo rate at 6.75%, and the prime lending rate at 10.25%.
    • 23 Nov 2017
      As the holiday season approaches, most of us are counting the days until that year-end bonus hits our account. There’s nothing quite like a little bank balance booster to get us in the holiday spirit.
    • 23 Nov 2017
      The Adelphi Centre (now entitled “ARTEM") in Sea Point, Cape Town, is being extensively renovated, and once complete will offer an ultra-luxurious galleria style shopping centre unlike any other seen on the Atlantic Seaboard or in Cape Town.
    • 23 Nov 2017
      If you are looking to sell your home in today’s real estate market, there are certain things that you need to include both inside and outside your house. Today’s generation of home buyers is looking toward a more eco-friendly, energy and water conscious home, and if your house stands out then you are more likely to be able to sell it.
    • 22 Nov 2017
      Most people know of the Community Schemes Ombud Service (CSOS) and that levies must to paid to fund its operations. In this article the experts at Paddocks will address some of the issues that are causing confusion.
    • 22 Nov 2017
      While sales have noticeably slowed in most sectors in most Cape town suburbs, the security estate sector in Constantiaberg has bucked the trend by remaining buoyant, with sales by August this year already surpassing total sales in 2016.
    • 22 Nov 2017
      The end of the year is fast approaching, and so are all the travellers, tourists and holidaymakers. For those who live near or own a property in a holiday-hotspot, the festive season also brings with it an abundance of short-term rental opportunities. Its a great way for property owners to make a few extra rand for their own holidays or to put towards their savings.
    • 21 Nov 2017
      The buying process is over, and the moving truck has delivered your household goods to your new property. Now it’s time to unpack and turn your new house into a home.
        
    X
    Subscribe to the MyProperty Newsletter

    Name  
    Last Name  
    Email Address  
    Email Frequency
    select
    X
    Share this Page

       
    For Sale Property
    Rental Property
    More Options
    About
    Connect with us
    FEEDBACK