Body corporate evicts pet from complex
A family was told, four days after moving in, that they will need to find a new home for their beloved dog.
Werner Cloete and his family recently moved into their new home in a complex in Chancliff only to learn a few days later that they will need to get rid of one of their family members.
The Cloete family moved in with the notion that their four-legged family member, Tyson (a Pitbull), is welcome in the pet friendly complex. However, four days later, while busy walking Tyson, Werner was informed by the chairperson of the body corporate of the complex that the ‘new rules’ of the complex state that only small dogs are allowed and they have 30 days to find Tyson a new home.
The Cloete family was heartbroken but decided they are not giving up their beloved pet that easily.
Werner requested a motivational letter from their veterinarian stating that Tyson has undergone basic obedience training and is not aggressive towards humans. They will also be putting a petition together since they were under the impression they could moved into the complex with their pet, no matter its size.
But what does the law say about pets in sectional title (complex) units?
According to information posted on the Friends of the Dog website, in many cases the tactics employed by body corporates are underhanded, illogical and prejudicial.
The Sectional Titles Act’s (ST) conduct rules state (which includes 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).
However, conduct rule number one also says that the trustees may not unreasonably withhold their approval if an owner or tenant applies to them for permission to keep a pet – although they can impose conditions under which that pet must be kept, and can change their minds if these are not met.
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.
The News contacted the complex’s body corporate who will respond in due course time to discuss the matter further. The News also contacted the estate agent where Werner signed a 12 month lease contract and said Werner assumed it was a pet friendly complex and was advised to apply to keep his pet there before moving in.
For more information about pets in complexes, visit https://www.friendsofthedog.co.za/.
If you are an animal owner living in a complex, what are your views on this ongoing debate? Leave your comment in the section below, we would love to know what you think.
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