OWNING PETS IN SECTIONAL-TITLE UNIT: LEGALITIES: [an Article by Fawzia Khan – Durban Attorney]
As more people opt to move into cluster homes and sectional title developments, the issue of whether or not your pet is allowed to live with you in these types of dwellings can become a source of conflict and tension between the homeowner and the Body Corporate of the Sectional Title scheme.
Homeowner Associations (not to be confused with Body Corporates of Sectional Title Schemes), which are often found in gated estates, are allowed to impose their own rules regarding what animals are allowed or not allowed on the estate. When an owner takes ownership of property in these estates, he would be deemed to have contractually agreed to abide by all the rules which govern living on that particular estate. This would include the rules around pets. If he flouts the rules, there could be penalties. To own a pet in a sectional title development, you would need written consent from the Trustees of the Body Corporate.
The Sectional Title Act and Regulations govern the rules for people who live in in these types of housing developments. These regulations govern what the way the Trustees in a Body Corporate may function. The primary objection is to seek to create a balance in protecting the owner’s right to use and enjoy his property without creating a nuisance to his neighbour and at the same time allow the owner the right to own a pet. The key to achieving this balance lies in the fact that the parties must be reasonable in their approach. This means that in deciding whether or not to give permission for a particular pet to be allowed to reside with an owner, all competing factors must be taken into account.
The Original Full Article can be viewed here: here: → https://www.findanattorney.co.za/content_pets-sectional-title