What law says about pets in sectional titles

A TRUSTEE in a Durban sectional title scheme landed himself in hot water when he brought a dog into the complex without permission.

The offending trustee tried to cover up his breach of the rules by claiming that his dog was on a leash. But can that be considered an excuse?

South African law says otherwise. Prescribed Conduct Rule 1(1) of the Sectional Titles Schemes Management (STSM) regulations states that no owner can keep a pet in any complex without the written consent of the scheme’s trustees. The applicant cannot be involved in deciding on the matter, as per prescribed management rule 6(3) of the STSM Regulations.

For anyone who insists on breaching the rules, the Community Schemes Ombud Service (CSOS) exists.

A CSOS adjudicator can order the removal of any animal that is illegally being kept in a scheme, under Subsection 39(2)(b)(ii) of the CSOS Act, with such order being the equivalent of an order of the high court. In summary, the rule in a complex is clear: without permission, pets are not allowed. ASHWINI SINGH | Law Academic, Affiliate, ACFE®