A Property24 reader asks:
A Property24 reader says he has been renting in a complex for a year and now the body corporate have told him to get rid of one of his two dogs.
Is a body corporate allowed to change the rules of a complex whenever they feel like it, without calling any general meetings to discuss things with owners and residents or put it to a vote? We have been renting in our complex for almost a year and have had two dogs since we moved in, which was never a problem, but now we are being told that we need to get rid of one of our animals.
When we signed the lease, we were not given any rules, but the owner and letting agent knew from day one how many pets we had. The body corporate has not formally changed the rules but after a year have told us to get rid of our pet.
Please advise.
Jennifer Paddock, Specialist Sectional Title Attorney and Managing Partner of Paddocks, sectional title and homeowners' association specialists, advises:
As a tenant, you are not part of the body corporate (which is made up of all owners of sections in the scheme) and unfortunately you are not entitled to attend or vote at body corporate meetings, unless you are appointed as an owner's proxy.
The Sectional Titles Act provides for specific procedures that must be followed by the body corporate to validly change the scheme's rules. Amendments to a scheme's rules only come into effect once filed at the Deeds Registry so if the body corporate (or developer) has not 'formally changed the rules' then the prescribed rule relating to pet applies.
If you have been given permission for your pets then the body corporate cannot force you to remove your pet unless you are breaching some condition upon which your approval was given, or your pet is causing a nuisance or some other problem to other residents and owners; and before asking you to remove your pet you should have been given an opportunity to rectify any purported breach.
A copy of the scheme's rules should have been attached to your lease agreement - it is required in terms of the Rental Housing Act. Make sure you get a copy now and familiarise yourself with them.
As for the demand to remove your pet - you can challenge this and ask upon what basis this demand is being made. If it is because of 'the new rule' and this 'rule' hasn't been formally made, then that is not a legal basis upon which to demand you remove your pet and if I were you I would refuse to do so. Good luck!
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