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that certain conditions must be met by the owner of the pet and if these are not adhered to, the consent could be withdrawn.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
    • 17 Nov 2017
      FWJK has announced the launch of its latest residential brand, the Lil’ Apple, which will be launched simultaneously in two developments in Cape Town and Umhlanga totaling 600 apartments. The Lil’ Apple is set to be a brand of FWJK’s New York style apartments which will be rolled out nationally.
    • 17 Nov 2017
      It’s been a tumultuous year on many fronts, with socio-political uncertainty setting the tone for much of South Africa’s economic activity yet despite this and seemingly counter-intuitively, the residential property market has held up well.
    • 17 Nov 2017
      The EAAB (the Estate Agency Affairs Board) recently claimed that around 50,000 illegal estate agents could currently be operating illegally.
    • 16 Nov 2017
      Penthouses are synonymous with New York – characterised by high-rise living that is decidedly luxurious and spacious. While exclusivity comes at a price, you can still create a “penthouse” look and feel in your existing apartment or even the upstairs bedroom of a double storey house with some clever design changes and styling touches.
    • 16 Nov 2017
      The area has long been popular with kite surfers and, with escalating property prices in Cape Town itself, is increasingly in demand with home owners who work in town, but are looking to invest in more affordable properties.
    • 16 Nov 2017
      Cape Town’s popularity as a world-class tourist destination has resulted in a spike in the number of homes available for holiday lets and fuelled investor demand for sectional title units with short term rental potential.
    • 15 Nov 2017
      Sappi, one of South Africa’s oldest global companies and a leading global supplier of sustainable woodfibre products, has moved its global and regional headquarters to a new site on the corner of Oxford and 14th Avenue in Rosebank.
    • 15 Nov 2017
      There’s an old saying in real estate that you should seek to make a profit when you buy, not only when you sell – and a large part of succeeding at that endeavour is buying a home in an area with desirable features that will enhance the resale value of your property.
        
    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