ANIMALS AND SECTIONAL SCHEMES – WILL THEY LET ME HAVE A FURRY FRIEND?

Let's face it: pets are as integral to our lives as the inevitability of taxes. For potential homeowners, the assurance that their new flat, unit, or house within a sectional scheme will warmly welcome their furry, feathered, or scaled companions is not just a need—it's a deal-breaker.

The law states that an owner or its tenant will be bound to follow the conduct and house rules of a particular scheme, which is governed by the Sectional Titles Act. The set of rules dealing with pets are the conduct rules. The rule states the following:

“1. Animals, reptiles and birds

(1) An owner or occupier of a section shall not, without the consent in writing of the trustees, which approval may not unreasonably be withheld, keep any animal, reptile or bird in a section or on the common property.

(2) When granting such approval, the trustees may prescribe any reasonable condition.

(3) The trustees may withdraw such approval in the event of any breach of any condition prescribed in terms of sub-rule (2). ”

The above is part of the act and as such cannot be changed without a resolution of the body corporate of a particular scheme. So, by default you are not permitted to keep pets in the unit, flat or house in the scheme. The conduct rule can be amended to permit a pet or pets, but then it can be amended to include conditions and further rules that can be imposed upon an owner/tenant.

The trustees of a body corporate are not entitled to unreasonably withhold consent and must assess each application for pets on the merits and apply their minds to the application.? The landlord, and or owner will have to approach the Community Schemes Ombudsman in terms of the Community Schemes Ombud Service Act and failing which then the courts. If the scheme allows pets it may adopt to amend the conduct rules and include a so called “grandfather clause” or should the pet pass away that the owner or tenant is not automatically entitle to replace the deceased animal and must either request permission or may be barred totally from replacing the pet due to a blanket prohibition. In this context, the concept of reasonableness outlined in the Sectional Titles Act becomes particularly relevant. Situations involving owners with guide dogs or emotional support animals often escalate tensions, leading to disagreements and conflicts within the community."

It should be noted that changing the rules to include a grandfather clause or a blanket prohibition will be actioned in terms of the Act:

“35 (3) Any management or conduct rule made by a developer or a body corporate shall be reasonable, and shall apply equally to all owners of units put to substantially the same purpose.

35 (5) (a) If the rules… …are substituted, added to, amended or repealed, the body corporate shall lodge with the Registrar a notification in the prescribed form of such substitution, addition to, amendment or repeal.”

It is obvious that amendments to the rules are by way of resolutions and as such are not taken lightly and or easily reversable.

Before committing to a property in a sectional scheme with an offer to purchase, especially if you're a pet owner, it's crucial to thoroughly review the details or raise any questions you might have. For further information or inquiries about sectional titles, feel free to reach out to us at Thomson Wilks.?

Email: [email protected]

Tel: 021?424 4599

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