FAREWELL TO A HERO

breached, the trustees will be entitled to ask the owner to remove the pet from the complex. NEW RULES If the trustees decide at an annual general meeting that from now on owners may keep only two not three dogs, you can’t be forced to get rid of one of your dogs. But once a dog dies you won’t be able to replace it.

This is the “grandfather principle” and means the body corporate can’t take rights away from those in whom they’re already vested. So they can’t compel a pet owner to get rid of pets but once those pets die the owner may not get new ones.

If a body corporate decides to change the rules and allow no pets whatsoever, it could be argued in court that this absolute prohibition is an unjustifiable infringement on a person’s right of ownership.

But if the rule was in place and filed at the deeds registry office before the owner bought into the scheme, the legal principle caveat emptor – let the buyer beware – comes into play because the onus is on the buyer to know the scheme’s rules. Your best weapon is to stay informed and read the fine print before signing on the dotted line. IF YOUR PET BECOMES A PROBLEM If, like Richard’s neighbours’ dog, your pet becomes a nuisance and you’re challenged by the body corporate, the case should be considered on merit.

If you’re considering moving into a complex, find out in advance what conDOGGY

SSstitutes a nuisance before committing yourself to moving in. Bodies corporate may not issue unreasonable ultimatums. You should first receive a letter outlining the problem your pet is allegedly causing, such as, “It has come to our attention that your dog (the white poodle) is barking nonstop. In the body corporate rules it states that should your dog be a nuisance you’ll be asked to remove the pet from the premises within seven days. Please try to ensure your pets aren’t a nuisance to other residents.” The body corporate or trustees should also be specific about which dog is the nuisance and give you a chance to rectify the problem, such as taking action to stop the barking or arranging for your dog to go to a daycare centre. The burden of proof is on the body corporate, which must produce evidence of a specific dog being a nuisance. The correct procedure requires at least three warning letters, then a letter stating your dog will be removed from the property within seven days. This should be followed by a lawyer’s letter. Good manners, consideration for fellow residents and clear lines of communication are your best friends in this situation – apart from your furry friend, of course! For more information about pets and the Sectional Title Act go to www.acts.co.za/sectional-titlesact DAYCARE