The Sectional Title Schemes Management Act (STSMA) Regulations Annexure 2 Conduct Rules requires that for a resident to keep a pet within a sectional title scheme, written permission from the scheme executives is mandatory. Homeowner Associations may also impose certain conditions of pet ownership on their members as contained in their approved rules.
Restrictions may be included in the scheme rules in regard to the provision of a secured gate, a fenced or walled enclosure of determined height and size, the maximum size of an animal, and the number of animals per section or erf specified to avoid conflict between neighbouring pets and any noise issues.
In Sectional Title schemes, the Prescribed Conduct Rules further states that such permission to have a pet should not be unreasonably withheld by the trustees, considering the circumstances surrounding the request and the overall interest of the complex.
There is legal precedent set by the courts that prevents members of a Body Corporate from introducing pet conduct rules that “discriminate” between pet types and even sizes.
However, there may be community schemes that wish to impose a blanket “no pets” policy. In ST schemes this could only be possible by amending the scheme’s existing conduct rules or the Prescribed Conduct Rules. Such a rule would only be enforceable if approved and signed off by the Chief Ombud of the Community Schemes Ombud Service (CSOS). The conduct rule amendment requires a special resolution to be passed by the members of the Body Corporate at a quorate special general meeting called for the purpose of approving the no-pets conduct rule and for the scheme’s conduct rules to be amended accordingly.
Even with such a conduct rule in place, if an owner puts in a written request to have a pet, and considers that the denial of permission wasn’t properly considered by the scheme executives, or that the conduct rule is unfair and unreasonable for their particular case, then the owner may lodge an appeal with the Community Schemes Ombud for dispute resolution of the failure by the scheme executives to grant the request. The CSOS Adjudicator will then have to evaluate all the evidence presented and issue a binding determination on all parties involved in the dispute.
Owners should be aware that a blanket “no pets” rule may face legal challenges where even if the CSOS ombud who is tasked with the approval of any Sectional Title Scheme’s rule amendments to ensure that they meet the criteria of reasonableness, has approved the conduct rule change such a rule could still be challenged in a court. There are Sectional Title academics who view such a blanket rule to be invalid. The basis of their argument is that the STSMA requires that all rules must exhibit fairness, reasonableness and must be equitable.
Whitfields will provide support in whatever way it can, in assisting scheme executives and residents residing in the community schemes that we manage, regarding compliance with legislation governing their community scheme.