No permission means no pets

A TRUSTEE in a Durban sectional-title scheme landed in hot water when he brought a dog into the complex without permission from the other trustees of the scheme.

The offending trustee tried to cover up his breach of the rules by claiming that his dog was on a leash. But does that really pass as an excuse?

South African law says otherwise. Specifically, Professional Conduct and Regulation (PCR) 1(1) of the Sectional Titles Schemes Management Act (STSM) Regulations states that no owner can keep a pet in any complex without the written consent of the scheme’s trustees.

When a specific trustee wants to keep a pet in a scheme, then the trustee must apply to the other trustees of the scheme for permission – bearing in mind that the trustee who is making the application cannot be involved in deciding on the matter as per Prescribed Management Rule (PMR)6(3) of the STSM Regulations.

For any person in a complex who insists on breaching the rules, a place called the Community Schemes Ombud Service (CSOS) exists. In particular, a CSOS Adjudicator can order the removal of any animal that is illegally being kept in a scheme in terms of Subsection 39(2)(b)(ii) of the CSOS Act, with such order being the equivalent of an order of the High Court.

Thus, the mantra to abide by in a complex is simple: No permission means no pets. ASHWINI SINGH Law academic