Sectional Title: No Pets Is Actually the Norm
Category News
There is often discord over pets in sectional title complexes, but there need not be. The very first of the prescribed conduct rules for Sectional Title schemes states that no owner or occupier of a section is allowed to keep an animal, bird or reptile without the written consent of the trustees.
In other words, the “no pets” rule is actually the default position for sectional title schemes.
However conduct rule number one also says that the trustees may not unreasonably withhold their approval if an owner or tenant applies to them for permission to keep a pet - although they can impose conditions under which that pet must be kept, and can change their minds if these are not met.
On the other hand, the conduct rules pertaining to a particular sectional title scheme can be altered from the standard rules, either by the developer before establishment of the scheme, or more usually by the body corporate of the scheme after establishment.
And provided these new rules are filed with the Registrar of Deeds, they are the ones that all owners and tenants in that sectional title scheme have to follow.
This is how it is possible for some sectional title schemes to have an absolute “no pets” policy, and why it is very important for prospective property buyers who would like to keep a pet to find out what the situation is before they commit to a purchase in any particular scheme.
This is very important because to some sectional title property owners a pet may be much more than a companion and may even be a reason to get up in the morning. Taking the dog for a walk may be that person’s only daily contact with the outside world.
But if there is an amendment that bans all or certain types of pets, or imposes a limit on the number of pets that an owner may keep, the trustees will have no choice but to follow the new rule – no matter what they think of a resident’s pleas to bend it.
Author: Barry Davies