The challenge facing the companion animal welfare community in South Africa can be expressed in a well-worn lament we hear all too often:
“There are more animals than homes”
There are ‘more animals’ because we have poor policies and legislation governing breeding, and to make matters worse we have the “Just One Litter” fraternity, who fail to realise that just one litter has compound effects on animal populations when there are thousands of people doing it.
Change: Why, What, Where and How
Why: Not only are there more animals, there are too few homes to absorb them.
This is the consequence of pet limit by-laws, which restrict how many animals people may have on their property, and conduct rules in sectional title schemes that often have ‘no pets’ rules, restrictions on sizes of dogs and in some cases prohibitions of certain breeds.
There is, however, good news. This Barking Mad initiative focuses on these rules with a view to bringing change and making more homes available.
What: Change Conduct Rules and Attitudes of Corporate Bodies.
Engage with Corporate Bodies and Trustees with a view to changing Conduct Rules or policies with regard to granting of permissions and setting of conditions.
Where: Any Community Scheme governed by Conduct Rules or a Constitution.
This may include a Sectional Title Scheme, a Homeowners’ Association, a Shareblock Building, a Retirement Village, a Gated Village with a Constitution and a Social Co-operative
How: Educate the Public regarding their options and how to proceed when confronted with obstacles. Educate Trustees regarding the reasonableness of Conduct Rules.
“No Pets” is arguably unconstitutional, and in any case, contrary to the Sectional Titles Act, which states, in the Regulations, under the Prescribed Conduct Rules, that permission may not be refused unreasonably:
- Keeping of animals, reptiles and birds. (1) The owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property.
The default Conduct Rule, prescribed by law, is that Trustees’ written consent is required, which must not be unreasonably withheld, to keep an animal. “No Pets” is really just an embellishment and it often intimidates people who don’t understand the law. To refuse permission, Trustees must present a reasonable argument. Failure to do so opens the door to arbitration by CSOS.
Similarly, rules prescribing dog sizes or excluding certain breeds may be shown to be unreasonable.
To be educated is to be prepared.
Prescribed: No Unreasonable Refusal
Most people are not aware that there are Prescribed Conduct Rules SECTIONAL TITLES SCHEMES MANAGEMENT REGULATIONS. This means that even if these rules do not appear in the Conduct Rules, they still apply. Most Conduct Rules don’t show them.
In terms of ANNEXURE 2, the following CONDUCT RULES are Prescribed in terms of section 10(2)(b) of the Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011):
Keeping of animals, reptiles and birds
- (1) The owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property.
(2) An owner or occupier suffering from a disability and 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.
(3) The trustees may provide for any reasonable condition in regard to the keeping of an animal, reptile or bird in a section or on the common property.
(4) The trustees may withdraw any consent if the owner or occupier of a section breaches any condition imposed in terms of sub-rule (3).
A ‘No Pets’ Conduct Rule is arguably illegal, given that such a rule sets aside the provision that consent cannot be withheld unreasonably. Permission denied without due process of a submission and consideration is unreasonable because denial without consideration is de facto irrational – the trustees have not applied their minds to the issue.
There are no guidelines as to what constitutes ‘unreasonable’ in Rule 1 or ‘reasonable’ in Rule 3; this is established by precedent from arbitration rulings.
Rule 2 means that anyone who can be shown to require a guide, hearing, or assistance animal must be regarded as having consent to keep that animal.
What Not Without My Dog Associates do:
- Propose legal options and guidance
Anyone who is experiencing unfair treatment from Trustees or thinks the Rules of their Scheme are unreasonable, should contact our legal unit. We will help you attempt a conciliation (it’s mandatory if one intends to lodge a dispute). We have several experts available to suggest options or guide you through the process of submitting a dispute to CSOS, should a resolution not be possible.
Anyone who has had an adjudication go against them that they believe was incorrect should contact us. We can assist you in preparing a review or appeal.
- Offer behavioural advice and connect to animal behaviourists.
Many families are forced to give up their beloved pets because of behaviour challenges – barking, aggression, separation anxiety, or even failing body corporate assessments. These issues often have solutions, and we’re here to provide them.
Here’s How We Can Help:
✔ Personalised Behaviour Consultations
We work with you to understand your pet’s behaviour and create a step-by-step plan that works for your home and lifestyle.
✔ Dog Assessments for Complex Approvals
Some estates and complexes require behavioural assessments before granting permission. Our team is qualified to provide these assessments and recommendations.
✔ Behaviour Modification Plans
We use science-based, positive training methods to resolve common issues like excessive barking, fear, aggression, and anxiety – reducing the risk of eviction or surrender.
✔ One-on-One Support & Training
Whether in person or virtually, we guide you through practical training to improve your pet’s behaviour and strengthen your bond.
- Crisis Support to Prevent Surrender
If housing pressure is making you feel like surrendering your pet is the only option – please contact us first. We can help with behaviour solutions, and where possible, temporary foster care while we work through the issues together.
