Resolving pet disputes in community schemes

By Heidi Barter, Barter McKellar Attorneys

Community schemes are becoming increasingly popular in South Africa as they offer an affordable and convenient lifestyle for many individuals. However, with more people living in close proximity to each other, conflicts can arise, especially when it comes to pets. Pet disputes in community schemes are becoming more common and can cause tension between neighbours. In this article, we will discuss some common pet disputes in community schemes in South Africa and how to resolve them.

What are Pet Disputes?

Pet disputes are conflicts between neighbours that arise from issues related to pets and can include:
* Noise complaints (e.g. barking dogs)
* Property damage caused by pets
* Concerns about pet ownership responsibilities (e.g. cleaning up after pets)
* Disputes over pets being allowed to roam freely
* Concerns about the safety of pets

Why are pet disputes important to resolve?

Pet disputes can cause significant stress and tension between neighbours. They can also lead to legal action, particularly if the dispute involves property damage or the safety of pets.
In addition, unresolved pet disputes can affect property values and make it difficult to sell or rent a property. For these reasons, it’s important to resolve pet disputes as quickly and amicably as possible.

Pets & sectional titles

The Sectional Title Schemes Management Act (“STSMA”) and its conduct rules provide that owners or tenants require the written permission from the trustees to keep a pet. The trustees cannot unreasonably deny permission but must consider the circumstances of the request, as well as the best interest of the complex. In addition to the aforegoing, the trustees may set conditions that the pet owner must abide by; otherwise, permission could be withdrawn.

In addition to the above, where a resident requires guide and emotional support pet, such a resident would have automatic permission to have such an animal subject to them presenting proof of disability of their disability.

Pets & HOAs

Home Owner Associations (“HOA”) typically govern free-standing estate houses rather than apartments and often have similar restrictions in respect of pets. The extent of the restrictions etc. will depend on the HOA founding documents.

No pet rules explained

Whilst most community schemes allow owners and occupiers to keep pets (provided that they obtain permission), some schemes have rules that ban animals altogether. It is important before buying into any residential living estate that you find out exactly what rules apply in respect of pets.
Whilst no legal precedent has been set in respect of a “no pet” rule, the leading legal academic view in this regard is that if such a rule were to be legally challenged, the chances of having CSOS or the High Court rule that such a rule is invalid are pretty high.

When is a pet a nuisance?

If a pet (animal, reptile or bird) repeatedly behaves in any manner that unduly and substantially interferes with someone else’s lawful and peaceful use and enjoyment of a private area or any part of the common areas, then this pet will be considered to be a nuisance.
Examples of where a pet may be deemed to be a nuisance include, inter alia, aggressive dogs that chase, attack or bite other animals or people, cats that intrude into private areas or fight with other cats, a pet that makes a continuous noise, etc.

Pets that cause a nuisance

In terms of section 39(2)(b) of the CSOS Act, if an adjudicator is satisfied that an animal kept in a private area or on common areas is causing a nuisance or a hazard or is unduly interfering with someone else’s peaceful use and enjoyment of his or her private area or common area, the adjudicator may give an order – requiring the owner or occupier in charge of the animal to:
– take specified action to remedy the nuisance, hazard or interference; or
– to remove the animal

Dog & cat by-laws

In addition to the rules that may apply to your residential estate, there may also be certain municipal by-laws that apply in respect of pets as well.

For example, the City of Johannesburg Metropolitan Municipality by laws provide, subject to the exceptions listed therein, generally no person may keep more than:

_ two dogs/cats, or allow more than two dogs/cats, over the age of six months to be kept in or at a dwelling unit;
– four dogs/cats or allow more than four dogs/cats, over the age of six months to be kept in or at premises containing one or two dwelling houses;
– six dogs/cats, or allow more than six dogs/cats, over the age of six months to be kept on an agricultural property; or
– four dogs, or allow more than four dogs, over the age of six months to be kept on or at any other premises.

If you are a tenant, occupant or in charge of premises of which you are not the owner, then you may not keep any dog/cat on the premises if the owner of the premises has not given his/her written permission for a dog/cat to be kept on the premises (in compliance with the numbers as prescribed above).

How to resolve pet disputes

Resolving pet disputes can be a challenging and emotional process, but there are several steps you can take to resolve conflicts.

Talk to your neighbour
The first step in resolving a pet dispute is to talk to your neighbour. Be clear about your concerns and try to listen to your neighbour’s perspective. In many cases, the issue can be resolved through open and honest communication.

Involve a mediator
If talking to your neighbour doesn’t resolve the issue, you may want to consider involving a mediator. A mediator is a neutral third party who can help facilitate a resolution to the dispute. There are several organisations in South Africa that offer mediation services, including the South African Mediation Association and the Conflict Resolution Network of South Africa.

Seek legal advice
If the dispute cannot be resolved through mediation or other means, you may need to seek legal advice. A lawyer with experience in property law can help you understand your legal options and can represent you in court if necessary.

Legal options for resolving pet disputes

There are several legal options available for resolving pet disputes in South Africa. These include:
Lodging a complaint with the local authorities (e.g. noise complaint with the police)
* Applying for a restraining order or interdict
* Pursuing legal action in court
It’s important to note that legal action should be a last resort and should only be pursued if all other options have been exhausted.

Conclusion

Pet disputes in community schemes are a growing concern in South Africa. However, by following the rules and regulations, pet owners can ensure that their pets are not causing any inconvenience to their neighbours. In case of a dispute, communication and mediation can go a long way in resolving the issue. By working together, we can create a peaceful and harmonious community for everyone to enjoy.