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| Body Corporate Regulations re Dogs
The opinions expressed on this page may not reflect the views of the editor. They are written by dog owners in a spirit of helpfulness. Where legal matters are concerned, consult a lawyer! Names have been withheld.
Question: We live in a security complex, with loose standing homes, with big yards. When we moved in, there were no issues regarding the 3 dogs that we own (1 Boerboel + 2 Jack Russells). After we had stayed there for 15 months we out of the blue received a letter stating that it is against the Body Corporate rules to have more than two dogs in your yard and they demanded that we get rid of one of the dogs within the next 7 days. They stated that our neighbors were complaining about the barking. It was actually only one (new) neighbor who was complaining. When we refused to get rid of one of our dogs, they reported us to the municipality and Police. They came to investigate the complaint, and found that there was no reason for the neighbor or Body Corporate to complain about our dogs. Now after almost a year and a half, we are again being harassed by the Body Corporate. I found this on Pawtal website: “ Under The Sectional Title Act, Annexure 9 Rule 1, it stipulates that permission to have pets cannot be unreasonably withheld. If a clause, contradicting the Act, is included in House Rules, the Body Corporate can be sued. I am aware several buildings have this ruling on their front doors but it is not legal and can be challenged under law.” Can they do anything to our dogs and how should we approach this situation? Answers sent in by readers:I am the regional manager of managing agency in Cape Town. Before I even touch on the legal side of the argument I must point out that most often the owner/tenant has not made themselves au fait with the rules of the scheme prior to purchase or agreement of lease, and this, in turn, places the problem of enforcement unfairly on to the body corporate concerned. It is my view that many situations could be avoided if these rules were read prior to making these decisions. Firstly one needs to establish whether the scheme within which one resides is a sectional title scheme, a homeowners association or possibly even, the now outdated, shareblock scheme, as each of these have specific laws, rules and regulations. Sectional title schemes are established under the Sectional Titles Act of 1986, as amended, and within this Act are prescribed management and conduct rules, the latter of which [annexure 9 of the Act] deals with pets. In simple terms the onus is on the owner or occupier to apply for written consent from the trustees to keep a pet, prior to bringing the pet onto the property. Yes, it is true, that the trustees cannot unreasonably withhold permission, but reasonable is relative and pets are an emotive issue! Often pets are brought on to the property illegally, i.e. without the trustees' prior written consent, and then prospective purchasers or tenants and/or their agents, see these pets and assume that the scheme is pet friendly, which is not the case. Regardless of which type of scheme you reside in, or are contemplating buying or letting in, obtain a copy of the registered rules / constitution / memorandum of association etc., and take it from there. You can argue the 'reasonableness' should consent be withheld, but once you move in with the pet, you already, in most cases, in breach of the rules and place yourself in a more difficult position. Another reader writes: I used to be a Chairperson of a body
Cooperate in Pretoria. In the complex that I ran - we had instated in our complex rule which is shortened version of the Sectional Title Act that only one small animal was allowed and only with permission. I do know that in the sectional title as it stands it does not state size or amount of animals allowed. I believe that you have a leg to stand on and to take on the body cooperate. If you were If however this is a "new" arrangement i.e. they had an AGM and the trustees decided that instead of 3 animals, all owners are only allowed 2 animals. They have no right to say that you need to get rid of your dog. They should wait until the dog passes away and then you will not be able to replace it.
The BC are also not allowed to give you an ultimatum so quickly - you should have received a letter in the lines of "It has come to our attention that your dog (the big one who looks like a boerboel) is posing to be a nuisance as he is barking non-stop. In the ---rules it states that should your dog be a nuisance you will be asked to remove the pet from the premises within 7 days. Please try to ensure that your pets are not a nuisance to other residents.” With them just saying remove a pet (not being specific) – you could be removing the pet who is not causing a nuisance. Ü They are supposed to give you a chance to rectify the problem. (Stop the barking) Ü They should be specific about which dog is being the nuisance My husband and I had a very similar experience to Franco with regards to our little Maltese cross. They also gave us seven days to "get rid" of her. We sold and moved to a complex that is pet friendly. I wish I had of known of that clause in the sectional title act before having to sell.but our dog is much happier where we are now.
I used to deal with Sectional Title situations some years ago - permission must be obtained from the body corporate by an owner/tenant before pets may be brought onto the premises. If Franco requested permission to keep pets when he moved in and received a letter from the body corporate and was granted permission, they cannot withdraw the permission, but if he didn't obtain permission at first, he might have a problem.
Also, the body corporate according to the Sectional Title Act - as he states - cannot withhold permission unreasonably, but he should have obtained permission first.
Pet owners must ensure beforehand that there aren't rules in place already before they buy or rent in a complex, as I know of a few complexes that managed to get a unanimous vote from owners to prevent anyone from having pets in those specific complexes. It will be very sad for a buyer to realize only after the papers are signed that he/she cannot take his/her beloved pet with. Which is so sad in a way for not allowing pets, as a pet is such a lovely companion, especially when one is single or for older people. We just love our doggie to bits and he's almost like a human - understands and reacts on certain words we speak. Especially the word "walk" as he loves walking. He's also a very loving dog - loves to be patted and rubbed. We purchased a Belgium Shepherd whilst living in a flat and thankfully she was well liked. It was hard to look after her though, as she is a "working dog" and this meant taking her out and keeping her busy and entertained frequently! I was lucky
as I was permanently at home with our baby son. So frequent walks and outings were part of each and every day! Thought I'd add my controversial 5c worth in reply to Franco's problem with his neighbour's objection to his dogs. I also live in a townhouse complex and speaking from your neighbour's point of view, I have to say that the person who owns the animal, be it a cat or dog, will never see their animal as a problem. My neighbour's pets bark, use my garden as a toilet and have
slowly but surely destroyed my garden and it has made me absolutely miserable. Are you a breeder? Get a page on Petsplace to show off your dogs! Click here!
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