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Pets or pests?

One of the most common causes of disputes in sectional title developments is that of pets.

Whether it is the owner who is trying to hold onto his pets or the trustees who are trying to get rid of them, we have a vast number of such cases for our attention at any given time. In fact, I have just presided over one such case as the arbitrator.

It is always an emotionally charged issue for both sides. The owner sees his or her pet as part of the family, and often in the case of older folk, the pet is the only family they have as the "empty nest" syndrome takes its toll.

On the other hand, one must look at the nuisance factor that pets may cause to other members of a scheme who don't feel quite the same about animals. Barking dogs, roaming cats and noisy birds have been the cause of many heated discussions at body corporate meetings.

No matter how emotional the matter becomes, or how convincing either side is about their case, the "buck", so to speak, stops at the rules of the body corporate.

Most bodies corporate make reference to pets in their registered conduct rules and if they don't, that is a huge oversight on the part of the trustees. In any event, the rules regarding pets must be adhered to and applied consistently.

We recently had a managing agent ask whether the Chairman of a scheme was allowed to grant permission to an owner to keep a dog in his unit when the rules specifically said only cats were allowed.

The reason for this deviation from the rules was that the sale of a unit was dependant on the new owner being allowed to keep his dog. Apart from the fact that making such an exception would open the door to all sorts of other complications for the trustees in the future, the rules were clear and had to be applied strictly.

Some complexes allow for particular pets only and they are also specific about their size, eg. dogs that do not exceed 30cm in height when fully grown.

Other complexes allow pets only on the written permission of the trustees and at their discretion. Rules should also be specific on the number of pets allowed per unit and the required control of the owners over their pets.

It is also vital that a tenant be made aware of his rights and duties regarding pets (as well as all other aspects of the complex).

Again, it cannot be stressed enough, when buying into a sectional title scheme, don't make a move, don't sign a thing, don't even breathe until you have a copy of the rules (which must be filed with the Deeds Office) and you agree to live by them.

Community living throws a myriad of different people into a relatively confined space, and in order to achieve harmony, one must be willing to compromise.

Marina Constas is a specialist sectional title attorney, and a director at Biccari Bollo Mariano Attorneys. She is also an author and lecturer.

Original Article on Property24.com

Author / Publication: Property24.com
Date Added: 08 Jun 2009