By Jennifer Paddock

The role of therapy pets and emotional support animals in providing mental health support has gained increasing recognition in recent years. However, the question remains whether these animals are covered under the existing rules governing pets in sectional title schemes.

In this article, I examine whether Prescribed Conduct Rule 1(2)’s reference to “an owner or occupier suffering from a disability and who reasonably requires a guide, hearing or assistance dog” includes therapy pets and emotional support animals.

Prescribed Conduct Rule 1(2) Explained
Prescribed Conduct Rule 1(2) states that an owner or occupier suffering from a disability 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. This rule aims to accommodate the needs of individuals with disabilities who rely on these specially trained animals for support and assistance in their daily lives.

Therapy pets and emotional support animals are not specifically mentioned in Prescribed Conduct Rule 1(2), and serve a different purpose to guide, hearing, and assistance dogs. These animals provide emotional support and comfort to individuals with mental health challenges such as anxiety, depression, or post-traumatic stress disorder. Unlike guide, hearing, and assistance dogs, therapy pets and emotional support animals do not necessarily undergo specialised training to perform specific tasks related to a person’s disability.

Therapy pets and emotional support animals are not currently regulated in South African law. However, it is generally accepted that for an animal to be considered a therapy pet or emotional support animal it must be prescribed by a licensed mental health professional to a person with a mental health disability.

Does prescribed conduct rule 1(2) include therapy pets and emotional support animals?
Prescribed Conduct Rule 1(2)’s reference to “an owner or occupier suffering from a disability” could potentially be interpreted to include individuals with mental health disabilities who would benefit from the presence of a therapy pet or emotional support animal. However, this interpretation is not without its challenges as the rule specifically refers to guide, hearing, or assistance dogs, which are distinct from therapy pets and emotional support animals in terms of their training and functions.

The reference to “a guide, hearing or assistance dog” clearly limits the type of animal contemplated in Prescribed Conduct Rule 1(2) to ‘dogs’ only and, further, to only those dogs that have undergone specialised training to support disabled persons. As such, I would argue that the wording of Prescribed Conduct Rule 1(2) is not wide enough to include an untrained dog and is certainly not wide enough to include an untrained animal that is not a dog, such as a cat.

How should trustees handle applications for therapy pets and emotional support animals?
Just because I have argued that Prescribed Conduct Rule 1(2) does not automatically provide consent for therapy pets and emotional support animals, this does not mean that these applications should or can be automatically refused.

Sectional Title Schemes with the Prescribed Conduct Rules
In a sectional title scheme governed by the prescribed conduct rules, the trustees have discretion in approving or denying applications for pets. Prescribed Conduct Rule 1(1) states that an owner or occupier must obtain the trustees’ written consent before keeping a pet in their section or on the common property.

In cases where an owner or occupier provides supporting documentation from a licensed mental health professional recommending that they would benefit from keeping a therapy pet or emotional support animal, the trustees should consider the request carefully. While Prescribed Conduct Rule 1(1) does not explicitly cover these types of animals, it could be argued that they serve as assistance animals for individuals with mental health disabilities.
As such, trustees should evaluate each case individually, taking into account the specific needs of the owner or occupier concerned, the type of animal, and the potential impact this animal may have on the community. They should also consider any reasonable conditions that may be imposed on the keeping of the animal to mitigate any potential nuisance that it may cause.

Sectional Title Schemes with a ‘No Pet’ Rule
In a sectional title scheme where the body corporate has adopted a ‘no pet’ rule, the situation becomes more complex. If the rule has been consistently enforced and no exceptions have been made, it may be difficult for an owner or occupier to obtain approval for a therapy pet or emotional support animal.

However, if the ‘no pet’ rule has not been consistently enforced and exceptions have been made, the trustees may be obligated to consider applications for therapy pets or emotional support animals on a case-by-case basis. In such cases, the trustees should follow a similar process as described above for schemes with the prescribed conduct rules, evaluating each application individually and considering the specific needs of the owner or occupier as well as the potential impact on the community.

In both scenarios, it is crucial for trustees to approach the issue of therapy pets and emotional support animals with sensitivity and understanding.

For a more detailed examination on the keeping of animals, including therapy pets and emotional support animals, in sectional title schemes see CG van der Merwe’s Comparative Perspectives on the Keeping of Animals in Sectional (Strata) Title Schemes published in the Potchefstroom Electronic Law Journal, Vol 25 n.1 2022.

Article reference: Paddocks Press: Volume 18, Issue 4.

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