Keeping Pets in Sectional Title Schemes
Category Newsletter
With the increasing demand for sectional title units comes the need for pet friendly sectional title schemes.
There is a rising trend for people, often young professionals and couples without children, to own pets and to treat them much like members of the family. This has in recent times even led to lengthy court cases and even been taken to the Supreme Court of Appeals in one instance, when the owners were told they could not keep their pets with them.
The first thing that prospective buyers of sectional title units should remember is that they should familiarise themselves with the prescribed conduct rules in that scheme before they commit to buying or occupying a unit. This is because the legal principle “caveat emptor - let the buyer beware” applies and a buyer is expected to have knowledge of the rules applicable to the scheme. In signing an offer to purchase he is accepting the rules and regulations of living there.
Some schemes have rules which prohibit the keeping of any pets. Others provide that the owner or occupier of a section may only keep certain pets - often even listing the type and size restrictions of pets that are allowed, with the written consent of the trustees.
Trustees should be reasonable in the rationale behind specifying what sort of pet is allowed and what isn’t, as there are many cases where disallowing them could cause the owner much distress and financial loss if they should have to sell. If it should happen that an owner feels the trustees have unreasonably withheld consent, a court or arbitrator may be approached for a declaratory order.
It can be argued from the body corporate’s perspective that sectional title schemes have limited space and therefore can only allow a certain size or number of pets, the age and time that the pet has been with its owner must be taken into account when a prospective buyer applies to have his pet live with him as well as whether there is a chance of ‘replacing’ them with others should they die.
The other question that needs to be asked is, “how will allowing this pet affect other owners in the scheme?” If it does not bark excessively, is not a threat to the safety of others or will not roam, then there is no legitimate reason not to allow the owner to keep it.
Author: Property 24
