Pet Ownership in Sectional Title Schemes
When it comes to sectional title schemes the ownership of pets can often cause much debate and concern. There are as many variations to rules on keeping pets as there are complexes, and the best place to start is in the conduct rules. If you are considering moving to a complex or gated estate, then one should familiarize oneself with the prescribed conduct rules. The keeping of pets in a scheme is permitted subject to the prior written consent of the trustees. Some complexes / gated estates prohibit the keeping of pets, whilst others stipulate that certain pets are allowed (size & breed) providing they get written consent from the trustees. In some cases, they may only allow a certain number of pets to live in them.
If the pet becomes a nuisance, the trustees can withdraw permission but will usually give the owner a chance to remedy the situation. The owner of the pet must be given a fair chance at a hearing and if the trustees decide to go ahead and revoke his permission, he must be given enough time to find his pet another home or suitable alternative accommodation for himself. The body corporate is not entitled to forcibly remove a pet from a person’s possession. This can only be achieved by an order of court.