Dog Ownership Laws in Sectional Title Schemes: STSM Rules, Trustee Consent & CSOS Case Law

Dog Ownership Laws in Sectional Title Schemes: STSM Rules, Trustee Consent & CSOS Case Law

• 1.
  The Law ofDogs In Sectional Title Schemes
• 2.
  ü Pups withPermission
• 3.
  PCR 1(1) ofthe STSM Regulations: “The owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property.”
• 4.
  ü Working Dogs
• 5.
  PCR 1(2) ofthe STSM Regulations: “An owner or occupier suffering from a disability and who reasonably requires a guide, hearing or assistance dog must be considered to have the trustees’ consent to keep that animal in a section and to accompany it on the common property.”
• 6.
  No Permission =No Pup or CSOS!
• 7.
  Subsection 39(2)(c) ofthe CSOS Act: “An order declaring that an animal is being kept in a community scheme contrary to the scheme governance documentation, and requiring the owner or occupier in charge of the animal to remove it…"
• 8.
  Case Law
• 9.
  The Trustees ofThe Ridge Body Corporate v Wijne Adjudication Order Paragraph 47: “The continued conduct [of the Respondents] to keep pets in their unit without authorisation of the Trustees of the Ridge is contrary to the provisions of the scheme’s conduct rules [and] is a violation of the rules and amounts to usurping the authority of the Trustees if not disregarding it…” CSOS 03574/KZN/19
• 10.
  The Trustees ofThe Ridge Body Corporate v Wijne Adjudication Order Paragraph 50: “In terms of the scheme rules, it is not permissible for an owner or occupier of a unit to keep an animal or pet without prior authorisation of the trustees. In the premises, [the Respondents] are found to have acted in contravention of the scheme rules of The Ridge and have acted contrary to the provisions of Section 39(2)(b) of the Community Schemes Ombud Service Act…” CSOS 03574/KZN/19
• 11.
  The Trustees ofThe Ridge Body Corporate v Wijne Adjudication Order Paragraph 53.1: “The Respondent … is ordered to remove the pet dog and parrot kept in … The Ridge and out of the scheme within 30 days of delivery of this order.” CSOS 03574/KZN/19
• 12.
  Fin. Remember, folks: Law-abiding ownersmake for law-abiding pets!