A Paddocks Sectional Title Lifestyle Blog
Paddocks received a post on its Facebook wall last night which touched the Paddocks FaceBook Fans and has inspired the Paddocks team to write this blog post.
Tandi Rowe wrote on FaceBook:
The question is therefore:
Once the trustees have consented in writing to the keeping of a pet (in this case a “sweet cat” called Sophie), under what circumstances can such approval be withdrawn?
The starting point is to consider whether the applicable scheme has adopted its own rules or whether they adhere to the Prescribed Conduct Rules (PCR) in Annexure 9 of the Sectional Titles Regulations. I am assuming that the scheme in question has adopted the PCR. PCR 1 sets out the rules relating to the keeping of pets. It states:
1. (1) An owner or occupier of a section shall not, without the consent in writing of the trustees, which approval may not unreasonably be withheld, keep any animal, reptile or bird in a section or on the common property.
(2) When granting such approval, the trustees may prescribe any reasonable condition.
(3) The trustees may withdraw such approval in the event of any breach of any condition prescribed in terms of sub-rule (2).”
The critical issue here is whether it was reasonable for the trustees to withdraw their approval.
It appears that under the circumstances it was not reasonable.
My reasons for coming to this conclusion are:
In principle where the trustees have reasonably, after following due process, withdrawn their consent to keep a pet the person concerned is then not entitled to continue keeping that pet in the scheme. However, the enforcement of this is not so simple for the trustees. The body corporate is not entitled to forcibly remove a pet from a person’s possession. This can only be achieved by an order of court. Therefore, I feel Sophie is safe from eviction for now…
The Paddocks FaceBook Page has been going crazy with support for Sophie and Tandi. What are your thoughts on this issue? Share with us by commenting below…