{"id":286156,"date":"2018-12-24T07:00:37","date_gmt":"2018-12-24T05:00:37","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=286156"},"modified":"2018-12-23T10:51:56","modified_gmt":"2018-12-23T08:51:56","slug":"the-rules-you-need-to-know-when-keeping-a-pet-in-a-complex-or-estate","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/property\/286156\/the-rules-you-need-to-know-when-keeping-a-pet-in-a-complex-or-estate\/","title":{"rendered":"The rules you need to know when keeping a pet in a complex or estate"},"content":{"rendered":"<p>With complexes and estates becoming increasingly popular in South Africa, more residents are having to deal with the issue of pets.<\/p>\n<p>According to real estate agents Seeff, it is important to understand the complex\/estate rules before you buy or move in, and obtain the necessary prior authority to do so.<\/p>\n<p>Below it outlined some of the things you need to know before making the move.<\/p>\n<p><strong>Sectional Title Schemes<\/strong><\/p>\n<p>The body corporate may impose limits on pet ownership by either prohibiting pets altogether, impose a limit on the number, types, breeds or sizes allowed, access to common areas, noise-control, replacement on the pet&#8217;s death and so on.<\/p>\n<p>Seeff said that trustees should take care to clearly define what is allowed and what is not.<\/p>\n<p>&#8220;Pets vary in type and size, and there is a difference between keeping dogs versus cats, cats and cage birds. Then, what about pet pigs, guide dogs, hamsters, snakes and goldfish and so on.<\/p>\n<p>&#8220;The more detail the better. If no rules are in place, then generally, the standard &#8216;prescribed conduct rule&#8217; is in force, unless amended by the body corporate,&#8221; it said.<\/p>\n<p>This rule reads as follows:<\/p>\n<ul>\n<li>The owner or occupier of a section must not, without the trustees&#8217; written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property.<\/li>\n<\/ul>\n<ul>\n<li>An owner or occupier suffering from a disability and who reasonably requires a guide, hearing or assistance dog must be considered to have the trustees&#8217; consent to keep that animal in a section and to accompany it on the common property.<\/li>\n<\/ul>\n<ul>\n<li>The trustees may provide for any reasonable condition in regard to the keeping of an animal, reptile or bird in a section or on the common property.<\/li>\n<\/ul>\n<ul>\n<li>The trustees may withdraw any consent if the owner or occupier of a section breaches any condition imposed in terms of sub-rule (3).&#8221;<\/li>\n<\/ul>\n<ul>\n<li>Where this Prescribed Rule applies unamended, the body corporate is specifically required to act &#8220;reasonably&#8221; in all the circumstances of each matter. That entails a delicate balancing act between the competing rights of pet-owning residents and their neighbours, which means grey areas and fertile ground for dispute. Hence the advice to get clarity on your rights before buying into a complex.<\/li>\n<\/ul>\n<p><strong>Home Owners Associations (HOAs)<\/strong><\/p>\n<p>HOAs have similar rights to restrict the keeping of pets, but no &#8216;prescribed rules&#8217; apply and their powers will depend on whatever founding documentation underlies them.<\/p>\n<p>HOAs normally govern free-standing estate houses rather than apartments, and so are perhaps more likely to be pet-friendly but again, you should always check the complex&#8217;s rules before you buy, Seeff said.<\/p>\n<p><strong>Trustees barking up the wrong tree? Polly ruffling feathers? The ADR alternative<\/strong><\/p>\n<p>If embroiled in a dispute with your Body Corporate\/HOA or a fellow resident or owner, you should first attempt a chat over a friendly cup of coffee to find common ground and a win-win outcome.<\/p>\n<p>If that fails, the (relatively) new Community Schemes Ombud Service provides an alternate dispute resolution (ADR) service designed to assist with just this sort of situation.<\/p>\n<hr \/>\n<p><strong>Read: <a href=\"https:\/\/businesstech.co.za\/news\/property\/285796\/ramaphosa-signs-off-on-stronger-rights-for-land-occupiers\/\" target=\"_blank\" rel=\"noopener\">Ramaphosa signs off on stronger rights for land occupiers<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>With complexes and estates becoming increasingly popular in South Africa, more residents are having to deal with the issue of pets.<\/p>\n","protected":false},"author":10,"featured_media":234897,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12755],"tags":[26],"class_list":["post-286156","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-property","tag-headline"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/286156","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=286156"}],"version-history":[{"count":8,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/286156\/revisions"}],"predecessor-version":[{"id":291646,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/286156\/revisions\/291646"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/234897"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=286156"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=286156"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=286156"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}