Anyone who wants to keep a pet in a sectional title complex must first get written consent from the trustees (according to the Sectional Titles Schemes Management Act, No. 8 of 2011)! That’s pretty scary if you casually asked your pet to move in without consulting your landlord or the body corporate.

Can the landlord/body corporate say the lease is up on your pet?

The good news is that your landlord/body corporate may not evict the pet themselves. However, they can (and will most likely) approach the Community Schemes Ombud Service (CSOS) and declare a dispute against you. And the CSOS has the authority to compel you to make alternative arrangements for you and your pet (if we’re wrapping the matter in a neat bow).

 

“What if I ask and they say no?”

Your landlord/body corporate cannot unreasonably deny you permission to live with your fur baby. They must, however, consider the circumstances of the request as well as the best interest of the complex. And outline conditions the pet owner must adhere to for the benefit of everyone.

 

“But my pet is a support animal!”

There is a special provision in the Prescribed Conduct Rules for people with disabilities that reasonably require the help of a service pet.

You can assume that you have permission to keep the pet. It is unlikely that your implied consent will be withdrawn, unless the pet is an extreme nuisance to other occupants.

 

“I have permission, but my pet is a lot!”

A general principle is that nuisance to other residents must always be avoided. If your pet is a nuisance to other people, the body corporate will be within their right to revoke permission. However, permission may not be withdrawn unreasonably.

They must first prove that there was indeed a breach of the conditions, give you formal notice of the violation and allow you to correct the situation. If that is not done, proper procedures must be followed before the consent is officially withdrawn. You must be given written notice of the withdrawal of the consent and reasonable time to make alternative arrangements for the pet.

Suppose you still refuse to remove your pet after permission has been withdrawn and all proper procedures have been followed. In that case, the body corporate may not remove the pet but can approach the CSOS and declare a dispute against you.

 

For more information about the rules in the sectional title’s schemes management and how they apply to you, click here.

This blog is intended for informational purposes only and should in no way be regarded as a substitute for professional legal advice.