We thought we would highlight the issue of pets in a residential complex or estate, both property types becoming ever more popular. Living here, means that you are part of a community, and there are certain restrictions on your freedom to use and enjoy your property. Hence, you bind yourself to whatever "Conduct Rules" apply in your community scheme.
Pet ownership is a topic that can be a source of much conflict and unhappiness. Generally, residents fall into three categories when it comes to pet ownership: (1) pet lovers, (2) pet haters, and (3) the inbetweeners who do not own a pet/s, but don't mind them around either.
Regardless of which category of pet ownership you fall into, it is important to understand the complex/estate rules before you buy or move in, and obtain the necessary prior authority to do so.
Sectional Title Schemes
The Body Corporate may impose limits on pet ownership by either prohibiting pets altogether, impose a limit on the number, types, breeds or sizes allowed, access to common areas, noise-control, replacement on the pet's death and so on. Trustees should take care to clearly define what is allowed and what not. Pets vary in type, size etc., and there is a difference between keeping dogs versus cats, cats and cage birds. Then, what about pet pigs, guide dogs, hamsters, snakes and goldfish and so on.
The more detail the better. If no rules are in place, then generally, the standard "Prescribed Conduct Rule" are in force, unless amended by the Body Corporate. This Rule reads as:
"Keeping of animals, reptiles and birds"
The owner or occupier of a section must not, without the trustees' written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property.
An owner or occupier suffering from a disability and who reasonably requires a guide, hearing or assistance dog must be considered to have the trustees' consent to keep that animal in a section and to accompany it on the common property.
The trustees may provide for any reasonable condition in regard to the keeping of an animal, reptile or bird in a section or on the common property.
The trustees may withdraw any consent if the owner or occupier of a section breaches any condition imposed in terms of sub-rule (3)."
Where this Prescribed Rule applies unamended, the body corporate is specifically required to act "reasonably" in all the circumstances of each matter. That entails a delicate balancing act between the competing rights of pet-owning residents and their neighbours, which means grey areas and fertile ground for dispute. Hence the advice to get clarity on your rights before buying into a complex.
Home Owners Associations (HOAs)
HOAs have similar rights to restrict the keeping of pets, but no "Prescribed Rules" apply and their powers will depend on whatever founding documentation underlies them. HOAs normally govern free-standing estate houses rather than apartments, and so are perhaps more likely to be pet-friendly but again, you should always check the complex's rules before you buy.
Trustees barking up the wrong tree? Polly ruffling feathers? The ADR alternative
If embroiled in a dispute with your Body Corporate/HOA or a fellow resident or owner, you should first attempt a chat over a friendly cup of coffee to find common ground and a win-win outcome. If that fails, the (relatively) new Community Schemes Ombud Service provides an alternate dispute resolution (ADR) service designed to assist with just this sort of situation. Ask your lawyer for help in any doubt.
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Seeff Southern Suburbs | +27 21 794 5252 | southernsuburbs@seeff.com