select
|

Pet ownership in sectional title schemes

Of the various disputes dealt with in sectional title schemes, it could possibly be said that those involving pets is high, and it possibly for this reason that the rules dealing with pets is at the top of the list in the Sectional Title Schemes Management Act, says Michael Bauer, general manager of property management company IHFM.
 
There have been many cases where the owners of pets have been willing and able to afford taking their dispute to court, as it has been very important for them to keep their pets with them. There have, too, been cases where the body corporate has had to present their case in court for the removal of a pet. Either way, it is an expensive and time consuming exercise, which should be avoided if at all possible, says Bauer.
 
In the STSMA Regulations, Annexure 2 Model Conduct Rules, it stipulates that owners or tenants in units must have the trustees’ written consent to keep a pet. While the trustees cannot be unreasonable in withholding consent for this, they do have to consider the circumstances of the request and the best interests of the scheme.  When allowing occupants in sectional title schemes to keep pets, they could stipulate that certain conditions must be met by the owner of the pet and if these are not adhered to, the consent could be withdrawn.
 
There is an addition, Rule 1(2), which says that consent is automatically given if the pet is a guide dog, hearing dog or service dog.  There are increasing cases where dogs are used to alert epileptic sufferers of impending attacks, or diabetic owners of blood sugar level problems, and therapy dogs used to help those who suffer from anxiety and depression related disorders. The owner should be able to present proof of the disability the dog assists with.
 
The STSMA does stipulate that pets must not inconvenience other owners. Owners should have a sense of obligation to clean up after their pet and keep it under control at all times. 
 
If the owners of units in a sectional title scheme are adamant that they want a pet free complex, in order to include a “no pets” clause in the rules there needs to be a special resolution taken. To do this there has to be a quorum, then 75% of those present must be in favour of the rule – both in value and number. 
 
If any owner breaches the rules by keeping pets without permission or has a pet that disturbs others, the body corporate can either apply to the Community Schemes Ombud Service for assistance in dealing with the matter or turn to private arbitration or the courts to have the pet removed.
 
Pets have in many households become “members” of the family and this is a highly emotive issue. When addressing a dispute that involves a pet, there has to be clear reasons from each party stating grievances and solutions, to come to a solution quickly and effectively, says Bauer.  
 


  Comment on this Article

  Please login to post comments

Post to my facebook wall
  
2000
Characters remaining


    Latest Property News
    • 21 Jun 2018
      Anyone who’s ever been involved in a building project that’s gone wrong will appreciate the importance of adequate insurance cover in the construction industry.
    • 21 Jun 2018
      A recent news story about a blind tenant caught in a legal battle with his body corporate over letters and notices he was unable to read and consequently comply with has raised the question: what are the legal obligations for landlords with disabled tenants?
    • 21 Jun 2018
      A trend that’s taken the world by storm in recent years is that of hygge (pronounced: hue-guh), a Danish concept that is about creating intimacy, connecting with loved ones and taking pleasure in small, ordinary things.
    • 20 Jun 2018
      Buying or selling real estate isn’t as easy as it is portrayed sometimes, especially if there is a death of a party during the transaction which can make it awkward, tricky and inconvenient.
    • 20 Jun 2018
      With interest rates remaining at historic lows and banks continuing to compete for mortgage finance business, first-time buyers with funds at their disposal are currently well-placed to gain that initial foothold on the property ladder, particularly in the light of the slightly lower growth rates currently experienced in residential property values.
    • 20 Jun 2018
      The average size of bond granted in SA has grown 7,7% in the past 12 months to R934 000, according to BetterBond, the country’s biggest bond originator.
    • 19 Jun 2018
      In the current market, letting out a property can be a good option as rental demand remains strong, especially in the northern suburbs of Johannesburg. This is according to Chris Renecle, MD of Renprop. However he says that before homeowners let their property out, there are five key points they should make sure are covered before they market the property for rent and sign any lease agreements.
    • 19 Jun 2018
      The Capetonian dream is to live by the ocean with the iconic mountain making an appearance somewhere in the horizon. But, that dream comes with a hefty price tag that many simply cannot afford. But, should you venture some kilometres out of the city centre, entirely new realms of beachside bliss await you …
        
    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