Fur flies over ‘no cats’ decision at Ballito estate

The futures of more than 17 cats and their owners hang in the balance while tempers flare at Ballito’s Kingston Estate over a recently enforced ‘no pets policy,’ which means residents must either get rid of their pets or face being penalized should they not comply.

Residents at the complex that is located opposite the Ballito Bay Mall are also being penalized for feeding feral cats that pass through the complex.

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The rule to not allow pets on the property has always been in place, but owners and tenants claim it had not been enforced until after an AGM two months ago.

Since then, the decision taken by Kingston Estate body corporate and trustees to enforce the rule had seen some tenants and unit owners be penalised up to R500 while others have been forced to move out.

Fighting against the decision, the tenants and home owners formed a Save the Cats Group and is currently being legally represented by attorney Alistair Janssens from Janssens & Associates Attorneys.

One of the complex tenants Johan Coetzer said he moved to Kingston Estate two years ago and although the no pets rule was stated on his lease, it was common that residents kept pets with there being no objections from the trustees who were aware of the animals.

“I do not know what I am going to do but getting rid of my pet is not an option.

“I do not know if I have been fined but last months utility bill was unusually high. I am assuming that my landlord was fined and the chargers are added to my utility bill. My cat does not bother anyone.

“We are not allowed to feed the feral cats but they too are harmless. All we do is leave out a little bowl of food or water for them. Once a human approaches them, they run off.”

One tenant was reportedly asked to move out of her unit a month ago after her landlord received a hefty fine for her two cats.

Save the Cats Group attorney Alistair Janssens, said in total more than 17 cats are at risk of being rendered homeless.

“A mere examination of the fines imposed will show that the no pets policy was enforced recently. In fact, an examination of the minutes of the AGM two months ago will confirm the history with regards to the pet policy.

“Newsletters have dealt with the issue of the pets, specifically July 2016, September 2016 and 12 October 2016, all of which set out different rules.

“A trustee interacted with one of the owners on March 19, 2015 and indicated that as long as the cats were neutered or spayed, no issue existed in keeping them.

“It is unfair to tell people to get rid of their pets that they have had for years. For some, the pets are all they have.”

Janssens said the Save the Cats resolution is that a clear pet policy regarding pets should be confirmed and that pet owners should register their existing pets with the body corporate within 14 days.

“The fines issued in respect of transgressions subsequent to the AGM and the passing of the resolution should be set aside and refunded.

“A grandfathers clause should also be put in place whereby the current pets are allowed to grow old and eventually die.

“The clause would see that pets do not get replaced and new tenants do not bring in pets.”

However, attorney Jos van Heerden from Erasmus van Heerden Attorney’s representing Kingston Estate trustees and body corporate said the no pets rule was registered in April 2012 after a special resolution with 75 percent of the members.

“These rules have been consistently applied and residents were regularly informed through newsletters and circulars that Kingston Estate was a ‘no-pet’ complex.

“Kingston Estate also has a population of feral cats but our client has made every effort to control their numbers. Our client’s members were also informed to not feed the cats in the complex so as not to encourage the feral cats to linger on the property.

“There were several feeding schemes operated by the Feral Cat Society which took place on the adjacent vacant land.

“Notwithstanding our client’s efforts, several residents appear to have domesticated some of these feral cats and/or their offspring and now keep them as pets.”

Heerden said the trustees and body are arranging a general meeting to discuss and vote on a possible amendment to the rules.

“Our client’s actions will be dictated by the wishes of the majority of the members and not by a small group of residents who blatantly disregard the rules which have been in place for many years.”

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