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No Pet Rule
Can it be argued that under our constitution it would be discrimination to not allow a person to keep an animal in his own property.
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RE: No Pet Rule
You bought property where you personally own part and collectively own part. Sectional Title schemes make rules collectively.
You can argue what you believe in, but need to get the support of fellow owners to make changes.
RE: RE: No Pet Rule
As far as I can recall there is a High Court Precedent that has been handed down regarding this matter. Can someone help in this regard.
RE: No Pet Rule
Hi Gerhard - without expressing an opinion, I wish to quote a High Court Judge - "It's everyone's right not to buy into a sectional title scheme, but those who choose to do so, must be aware that they may be giving up their common law rights in favour of the Act and Rules of the Scheme'
When you bought into the scheme you also bought into the rules.
regards,...Show More
Peter
RE: RE: No Pet Rule
In my view I would disagree to a certain extent in as much as when you become an owner in a S/T Scheme you acquire certain proprietary rights. These rights are not clearly defined in the S/T Act but are certainly implied. For example an owner can look to the trustees to manage the scheme according to the Act and Rules. The Common Law can also apply in certain instances. For example the correct manner of introducing levy increases. If this is not done correctly then there is a Common Law right to refuse to pay the increase.
RE: RE: RE: No Pet Rule
Hi, Gerhard. If that arguement held, all municipalities would have to scrap their bylaws relating to keeping of animals on properties (e.g. restrictions on numbers of dogs; and on types of animal allowed).
RE: RE: RE: RE: No Pet Rule
...and on the duty to pay a license fee
RE: No Pet Rule
I have also seen the quote Peter has given; unfortunately I cannot remember the case reference.
It happens all too often that people buy into ST and for what ever reason do not do proper research/homework. This means they do not check what the scheme's rules say or what is involved with living in ST (giving up some "home comforts" in a community environment). Once they have entered the fray they start complaining and finding fault and want to change the environment to suit them and forget about others....Show More
10/20 years ago this might have been "acceptable" when ST was still a relatively new kid on the block, but I think it has been around long enough and a lot has been written/reported on it for there to be NO excuses for someone not to aware of the pitfalls.
RE: RE: No Pet Rule
Hi Myburgh, You are so right. There is a distinct lack of S/T knowledge out there. I have expressed my opinion before, but I believe one way to improve the situation, would be to legally enforce conveyancers to get a signed document from every purchaser to say that he has read and understands the Act and the rules, especially the conduct rules.
Estate Agents are supposed to do this and it is in their Code of Conduct, but there is a large number of them who are only interested in their commission.
RE: No Pet Rule
I would like to add that the pet rule has changed since the original development that I bought in to. I did check my rights but unfortunately these days it only takes 75% of 20% owners to inflict their animal hate onto the rest of us.
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