Owning a pet and finding a home within a community scheme can be challenging for prospective buyers in Pretoria, particularly in Sectional Title Schemes or Homeowners’ Associations (HOAs). These communities often have specific rules about pet ownership, aimed at balancing the rights of all residents. Understanding the framework of pet policies, from conduct rules to local bylaws, is essential.
Here’s a guide to making sure your move goes smoothly if you’re a pet owner considering life in a sectional title or HOA environment.
The initial consideration: Review Conduct Rules
When moving into a community scheme, your first step should be a thorough review of the scheme’s conduct rules. Your real estate agent in Pretoria will be able to provide you with a copy. These rules, which are specific to each scheme and must be registered with the Community Schemes Ombud Service (CSOS) to be enforceable, outline various restrictions regarding pets. While some schemes are pet-friendly, others may impose strict limitations on pet types, sizes, or quantities, or even prohibit pets altogether.
Tip: As these conduct rules differ between schemes, checking the rules in advance is essential to prevent any surprises later on. Confirm with your real estate agent in Pretoria or trustee that the rules are registered with CSOS, as only registered rules are enforceable.
Check local municipality bylaws
In addition to the scheme’s conduct rules, it’s essential to familiarise yourself with your local municipality’s bylaws regarding pets. These bylaws provide another layer of regulation that all pet owners must follow. They typically set out general rules such as:
- Limits on the number of pets allowed in each property.
- Provisions for responsible pet ownership, including waste disposal and animal care.
- Restrictions on specific breeds considered dangerous.
Tip: Municipal bylaws can vary significantly across regions, so be sure to consult the relevant municipal website or contact their offices to understand what’s allowed in your area.
STSMA guidelines on pet ownership
The Sectional Titles Schemes Management Act (STSMA) provides guidelines on how schemes may regulate pet ownership to protect the interests of all residents while allowing flexibility for pet owners. Under the STSMA, the trustees of a scheme have the authority to allow or deny pet ownership requests. Here’s a key excerpt:
“An owner or occupier must not, without the trustees’ written consent, keep any animal, reptile, or bird in a section or on the common property.” (STSMA)
This provision underlines the need for pet owners to obtain formal consent from trustees to keep pets within their units. The act is clear in assigning trustees the power to enforce pet-related conduct rules to maintain harmony within the scheme.
However, the Act also stipulates that trustees “may not withhold consent unreasonably” (STSMA, Regulation 10).
Examples of reasonable grounds for approval
To assess a pet ownership request, trustees typically consider several factors. If the pet in question meets certain criteria that demonstrate it is unlikely to cause issues within the scheme, permission is more likely to be granted. For instance:
- Size and breed: Smaller, quieter, or less active pets (e.g., a small dog or an indoor cat) are often viewed more favourably than larger, energetic breeds, as they are perceived to be less disruptive.
- Health and vaccination: Providing proof of up-to-date vaccinations and general health of the pet can assure trustees that the pet poses no health risk to other residents or animals.
- Temperament and training: If the pet is known for a calm temperament and has undergone behavioural training, this may support your case. For example, a dog trained to socialise well with people and other animals is more likely to receive approval.
Examples of reasonable grounds for refusal
While trustees cannot unreasonably withhold consent, they may decline a request if there are justified concerns that the pet could disrupt the community or violate scheme rules. Some valid reasons for withholding permission might include:
- Evidence of past complaints or nuisance: If the pet has previously generated complaints in another property setting, trustees may feel justified in denying consent to maintain the scheme’s peaceful environment.
- Space donstraints: If the pet’s size or activity level seems incompatible with the unit’s size (for example, a large dog in a small apartment), trustees may decline permission based on practical living space considerations.
- Risk of property damage or safety concerns: In cases where the pet’s breed, size, or behaviour could pose a safety risk or is known for causing property damage, this may also justify refusal.
In line with the STSMA, trustees are expected to carefully assess each request on its own merits and may not apply a blanket refusal policy without consideration of the individual case. For pet owners, understanding the criteria that trustees are likely to consider can improve your chances of gaining approval while demonstrating responsible pet ownership. Speak to your real estate agent in Pretoria to ensure you understand the criteria.
Moving in with multiple pets: What if you exceed the Limit?
It’s not uncommon for prospective residents to own more pets than a scheme allows. For instance, you may have two dogs and a cat, while the scheme’s conduct rules permit only one pet per unit. In such cases, moving forward without prior permission is risky, as you may face enforcement actions to comply with the rules.
Steps to Consider:
- Submit a written request: Before moving in, formally request permission from the scheme’s trustees to keep all your pets. Provide detailed information about each pet, such as their size, breed, temperament, and any evidence showing they won’t cause a nuisance.
- Await the Trustees’ decision: Trustees have the discretion to consider each case individually. They may grant or refuse permission based on your application.
- Prepare for compliance: If your request is denied and you proceed with the move regardless, you could face enforcement procedures from the scheme. The trustees, with CSOS’s backing, are within their rights to demand the removal of any pets exceeding the approved limit.
Enforcement process if pet limits are exceeded
If you move into a scheme with pets that exceed the permitted number and your request is not granted, the scheme’s trustees can initiate actions to enforce compliance. Here’s an outline of how the process typically unfolds:
- Step 1: Written Notice: The trustees will issue a written notice requesting you remove the additional pets within a specified period.
- Step 2: Further Warnings: If you don’t comply, the trustees may escalate with additional warnings and reminders.
- Step 3: CSOS Involvement: In cases of persistent non-compliance, the trustees can escalate the matter to CSOS. CSOS can then enforce the conduct rules and may issue a formal order compelling you to remove the excess pets.
The key takeaway for pet owners
Before committing to a community scheme as a pet owner, you should be fully aware of both the conduct rules and local bylaws that govern pet ownership. Failing to do so can lead to difficulties and potential conflicts with trustees and other residents. By understanding and following the guidelines provided in the STSMA and ensuring compliance with CSOS-registered rules, you can enjoy a harmonious experience within your new community.
Fitzanne Estates, one of the leading real estate agencies in Pretoria, aims to help prospective buyers make informed decisions about their properties. For more guidance on finding the perfect home for you and your pets, we’re here to provide trusted advice and help you create a safe and comfortable living environment for everyone.
Contact us today if you’re looking at purchasing a home in a Sectional Title Scheme or HOA and need help navigating the rules around pets in the community.
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Media contact: Cathy Burroughs, +27 82 222 9198, marketing@fitzanne.co.za https://www.fitzanne.co.za/
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Fitzanne Estates (Pty) Ltd is a Property Management Company that can sufficiently administer your property investment to the benefit of the Landlord, the Body Corporate, and the NPC – Non-Profit Company. Services include Letting, Sectional Title Management, Full Title Management (NPC – Non-Profit Company) and Sales.
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