Real Estate Investor Magazine South Africa November 2014 | Page 38

MANAGING

BY MICHAEL BAUER

Keeping Pets
In Sectional Title Schemes
Handling a contentious issue

O

ne of the most contentious issues which arises
when it comes to owning and managing a
section in a sectional title scheme, is the
ownership of pets, whether by owners of units in the
scheme or their tenants. This issue comes up regularly
and often causes much debate as to how to define what
sort of pets will be allowed and whether all applications
will be considered for these pets.
What many do not realise is that all applications for
keeping pets must be considered by the trustees, and
they cannot refuse unless they have first accepted and
considered the application. The trustees, if rejecting the
application, must justify to the owner of the unit why
the pet or pets cannot be allowed – and this justification
must not be unreasonable.
The rules
Prescribed Conduct Rule 1, which may be amended
suitably to reflect the needs of the body corporate, deals
with the keeping of pets in a sectional title scheme
and trustees must take due care when considering
an application to keep a pet, whether it be a dog, cat,
reptile or bird.
The reason this rule is in place is that animals can
be a nuisance to other owners in the scheme, and the
questions to be asked are whether the pet will interfere
with others’ enjoyment of living there and what
conditions can be imposed on the owner to make sure
that the pet does not become a nuisance to others. The
trustees must consider the type of pet, whether there
are any similar pets in the scheme and whether the pet
is likely to cause harm should it escape.
One thing to check before allowing any dogs into
the scheme, is whether the local bylaws have any
restrictions with regard to the number of dogs allowed

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November 2014 SA Real Estate Investor

per square metre, as this would then provide an idea of
whether rejecting the person’s application is reasonable
or unreasonable.
Written permission
If the pet is allowed, then the permission from the
trustees should be given in writing, including a
description of the pet and the conditions of keeping it
in the complex, for example, it is only allowed on the
common property if on a leash. This must be signed by
two trustees as well as the owner, who thereby accepts
the conditions therein.
Revoking permissi ۂ