Your Rights and Responsibilities as a pet owner living in a Gated Community

Panic grips you as you read, and read again, the email on your screen: The Trustees have decided that your beloved pet is no longer welcome in the complex. You have been given a few days to get rid of it. Anxious thoughts race through your head, seeking a solution, but you don’t know where to turn. 

Stop. Breathe.

Start Playing by the Rules

There might have been a few complaints from the neighbours, and based on this the trustees inform you to rehome your pet. This happens often, and pet owners comply because they don’t know better. This is completely against the law. There is a process that needs to be followed before you would be required to rehome your pet, one that is often ignored. You do have rights and knowing them arms you with the knowledge you need to fight for your pet. They are, after all, family. As we all know, with rights come responsibilities. Keeping your side clean will go a long way in preventing future body corporate bullying, and this really is as simple as being a responsible pet owner. In the context of living in a gated community, this means that you will commit to the following:

#1  Obtaining written permission for all your pets. This needs to be done even if the number of pets you have are within what the rules allow. The trustees cannot unreasonably withhold permission, if you feel that they are doing that, you can take the matter further. Once you have permission in writing, keep this safe. Should the rules change at some point in the future, and according to the new rules your pet is not allowed anymore, you cannot be told to rehome your pet. In this case your pet is allowed to live out its natural life with you, and then going forward any new pets need to be in line with the new rule.

#2  Keep your property clean. Doggy poo becomes unsightly and smelly very quickly, especially if you have a very small garden. Besides, your dog needs a clean toilet area, just like you!

#3  If you keep pets in a gated community where, in most cases, you live very close to other people, your pets should not be a nuisance to others. The most common example of this is excessive barking. It is absolutely your responsibility to ensure that your dog is not barking non-stop. The moment you find out that this is happening, take steps to sort it out. Your best bet is the help of a reputable canine behaviourist who will identify the reasons why your dog barks so much, and the emotional needs he is trying to express. They will then compile a plan to help your dog cope, thus improving the behaviour.

#4  Ensure that your property is secure enough to keep your pets inside.

I have to get rid of my pet … or do I?

As mentioned earlier, it is not simply a matter of popping you an email, demanding that you find your beloved dog a new home. There are a few steps that the trustees have to follow. Firstly, they will notify you that there is a problem, and they will give you an opportunity to remedy the situation. This must happen, and it’s a good idea at this point to really try to find a solution for your particular problem. If the matter is not resolved, there needs to be a hearing. If you have more than one pet, they need to be specific about which one is presenting a problem, and evidence needs to be given. Now, the trustees need to vote, and the decision to not allow you to keep your pet must be based on a majority vote, which needs to be minuted – thus, in writing. Once the decision has been made, the trustees need to get an adjudication order from the CSOS (Community Schemes Ombud Service) in order to enforce their decision that you need to rehome your pet. However, if you feel that the trustees have acted unfairly, you can lay a complaint with the CSOS by going to their website, csos.org.za, and downloading the dispute resolution form. The process of fighting for your pet can be a long and stressful one, but it’s worth it. We should not tolerate unlawful behaviour from trustees. In a country with countless homeless animals, every happy home matters.

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MORE ABOUT NOLEEN

Life has led me along many paths, but animals were always a part of it. I was editor of Animaltalk magazine in 2016/17. I have also completed courses in, among others, canine behaviour, clicker training and grooming. After a long career as a writer/journalist, I decided it was time for a new challenge. I joined Keller Williams Advance in Roodepoort, and I love guiding people through the process of selling their homes. I work in Randburg/Roodepoort. I have not forgotten about the animals, and continue educating pet owners on matters that relate to both their animals and their home.