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Thread: Body Corporates Not Allowing Pets

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    Email problem BryanCasson's Avatar
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    Angry Body Corporates Not Allowing Pets

    If anyone can give me insight into how body corporates work, and who they are help accountable to by law. We are currently trying to rent/buy a house and we are having endless problems with body corps that do not allow pets, even though pets already exist in the complex.

    Case 1: We got went at looked at a place in Montana in Weltevredenpark. The complex was fine with our dogs but stated on a board. NO NEW CATS. When we took a look at the place there were cats roaming the complex. Rawsons showed us the property and told us that cats will most likely not be a problem. We got a our paperwork ready and then were told that the body corporate run by Trafalgar have come up with a new rule that no new cats are allowed.

    Case 2: Went to look at a place in Hombre on toy avenue in Allens Nek, once again we were told by agents "All About Rentals" that the place was pet friendly, in this case we actually signed a lease and even paid a deposit only to find out that the complex was again taking NO NEW PETS.

    Where do these body corporates get so much power and is it legal for them to discriminate when it comes to allowing and dis-allowing pets, especially when pets already exist in the complex (Some trustees even have pets themselves) . It seems to me that trustees on the body corps are simply giving their pets preference and saying stuff you to anyone elses needs. Would you believe that the agents have even asked if we would still consider... what do they want us just give away our pets.

    Agents and Body Corps really need to think about their actions. The sectional title act stats that a reasonable explanation needs to be taken into consideration when dis-allowing pets. Who governs this and stats what is reasonable or not reasonable?
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    Diamond Member Blurock's Avatar
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    Pet Problems

    People often find it difficult to adapt when moving into a complex. You are no longer on your own, but now have to contend with your neighbour's unruly children, pets crapping in your garden and all sorts of issues related to communal living.
    I hope this article copied from Paddocks Press will serve to lift your spirits:

    From: David Thorne
    Date: Thursday 21 May 2009 10.16am
    To: Helen Bailey
    Subject: Pets in the building
    Dear Helen,
    Thank you for your letter concerning pets in my apartment.
    I understand that having dogs in the apartment is a violation of the agreement due to the comfort and wellbeing of my neighbours and I am currently soundproofing my apartment with egg cartons as I realise my dogs can cause quite a bit of noise. Especially during feeding time when I release live rabbits.
    Regards, David.
    From: Helen Bailey
    Date: Thursday 21 May 2009 11.18am

    To: David Thorne
    Subject: Re: Pets in the building
    Hello David
    I have received your email and wish to remind you that the strata agreement states that no animals are allowed in the building regardless of if your apartment is soundproof. How many dogs do you have at the premises?
    Helen

    From: David Thorne
    Date: Thursday 21 May 2009 1.52pm
    To: Helen Bailey
    Subject: Re: Re: Pets in the building
    Dear Helen,
    Currently I only have eight dogs but one is expecting puppies and I am very excited by this. I am hoping for a litter of at least ten as this is the number required to participate in dog sled racing. I have read every Jack London novel in preparation and have constructed my own sled from timber I borrowed from the construction site across the road during the night. I have devised a plan which I feel will ensure me taking first place in the next national dog sled championships. For the first year of the puppies life I intend to say the word mush then chase them violently around the apartment while yelling and hitting saucepan lids together. I have estimated that the soundproofing of my apartment should block out at least sixty percent of the noise and the dogs will learn to associate the word mush with great fear so when I yell it on race day, the panic and released adrenaline will spur them on to being winners. I am so confident of this being a foolproof plan that I intend to sell all my furniture the day before the race and bet the proceeds on coming first place.
    Regards, David. ...to page 7

    From: Helen Bailey
    Date: Friday 22 May 2009 9.43am
    To: David Thorne
    Subject: Re: Re: Re: Pets in the building
    David, I am unsure what to make of your email. Do you have pets in the apartment or not?
    Helen
    From: David Thorne
    Date: Friday 22 May 2009 11.27am
    To: Helen Bailey
    Subject: Re: Re: Re: Re: Pets in the building
    Dear Helen,
    No. I have a goldfish but due to the air conditioner in my apartment being stuck on a constant two degrees celcius, the water in its bowl is iced over and he has not moved for a while so I do not think he is capable of disturbing the neighbours. The ducks in the bathroom are not mine. The noise which my neighbours possibly mistook for a dog in the apartment is just the looping tape I have of dogs barking which I play at high volume while I am at work to deter potential burglars from breaking in and stealing my tupperware.
    I need it to keep food fresh. Once I ate leftover Chinese that had been kept in an unsealed container and I experienced complete awareness. The next night I tried eating it again but only experienced chest pains and diarrhoea.
    Regards, David.

    From: Helen Bailey
    Date: Friday 22 May 2009 1.46pm
    To: David Thorne
    Subject: Re: Re: Re: Re: Re: Pets in the building
    Hello David
    You cannot play sounds of dogs or any noise at a volume that disturbs others. I am sure you can appreciate that these rules are for the benefit of all residents of the building. Fish are fine. You cannot have ducks in the apartment though. If it was small birds that would be ok.
    Helen

    From: David Thorne
    Date: Friday 22 May 2009 2.18pm
    To: Helen Bailey
    Subject: Re: Re: Re: Re: Re: Re: Pets in the building
    Dear Helen,
    They are very small ducks.
    Regards, David.

    From: Helen Bailey
    Date: Friday 22 May 2009 4.06pm
    To: David Thorne
    Subject: Re: Re: Re: Re: Re: Re: Re: Pets in the building
    David, under section 4 of the strata residency agreement it states that you cannot have pets. You agreed to these rules when you signed the forms. These rules are set out to benefit everyone in the building including yourself. Do you have a telephone number I can call you on to discuss?
    Helen

    From: David Thorne
    Date: Friday 22 May 2009 5.02pm
    To: Helen Bailey
    Subject: Re: Re: Re: Re: Re: Re: Re: Re: Pets in the building
    Dear Helen,
    The ducks will no doubt be flying south for the winter soon so it will not be an issue. It is probably for the best as they are not getting along very well with my seventeen cats anyway.
    Regards, David.

    From: Helen Bailey
    Date: Monday 25 May 2009 9.22am
    To: David Thorne
    Subject: Re: Re: Re: Re: Re: Re: Re: Re: Re: Pets in the building
    David, I am just going to write on the forms that we have investigated and you do not have any pets.
    Helen


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    Mark Atkinson (16-Jul-11)

  4. #3
    Email problem BryanCasson's Avatar
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    hahahaha, great article... very funny.
    Bryan Casson: SEO Expert & Owner of Casson Media
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    Diamond Member adrianh's Avatar
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    Ok, lets turn the discussion on its head. You own a townhouse and you are part of the body corporate in the complex. Some people already have have 3 cats, 4 dogs, 5 chickens, 7 chimpanzees etc. You have received numerous complaints from owners who do not have animals that they are tired of all the barking during the day, the dogs crapping on the lawn, the cats getting take-aways at night etc. They ask if you, as being part of the body corporate can't do something about it because the place is turning into a zoo. Now, you as a member of a body corporate has a responsibility towards the people that already stay in the complex. After much debate it is decided that the existing residents can keep all their animals but are not allowed to get more. It is also agreed that prospective ressidents should not bring more animals into the complex because of the growing number of animals and the noise that ensues when the animals have territorial fights.. The entire body corporate agrees and all the residents are satisfied.

    Now you want to rent or buy and the body corporate says sorry we can't allow more animals.

    So what now!

    You will be surprised about the stupid things residents get up to in complexes. Body corporates are forced to make rules to keep everybody happy. Imagine if one resident slaughters a sheep in his open yard every Sunday, or has a party till 6 in the morning every weekend or has 7 ducks in his yard that quacks all day long. It is within the rights of the body corporate to make appropriate rules provided enough people agree.

    Don't get me wrong, I am an animal lover, we have 2 dogs, 4 cats, 2 cokatiels and I must add; one mole (the kids don't allow the murder of small furry creatures). The biggest fight I ever had in a townhouse complex was because one of my cats had a slash on a neighbours bed (he was an ahole - I'm sure the cat was trying to tell him something)

    I was also on the body corporate and I tell you, you think you have problems when you are trying to rent a place, try keeping all the residents from killing each other over pets, noisy cars, music, broken gates, drunken parties, peeping toms, levies, rates, taxes, misuse of communial property, guests parking in other residents bays..etc...People are far less compromising that you might hope for.
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

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    Gold Member Singhms's Avatar
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    lol

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    Email problem BryanCasson's Avatar
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    I believe this is the wrong approach, we need to first look at the law... How many cats and dogs are allowed by law first. My understanding is that you are allowed only 2 dogs and 2 cats max for a small property, so, if some guy has 3 dogs then yes, by law you can ask them to abide... how if there is a new tenant who has pets that are within the limit then they should be ok.... as for animals that do not behave, again, there is a law in place that says if your pets are a pain in the ass you must fix that... however, you cannot make this decision on new pets as they have not yet broken any "pet" laws. People cant go around assuming that something is going to happen, that is discrimination.
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    Diamond Member Justloadit's Avatar
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    My castle my rules is what is being applied. You need to get into the body corporate
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
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    Gold Member daveob's Avatar
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    This has got to be the MOST argued about subject at any body corporate meeting ( on a level with the "kids" ).

    There are many sides to this problem.

    A few examples :
    We used to stay in an upstairs townhouse. A new (rental) tenant next door moved in with 3 huge hounds the size of minature ponies. Was that fair ? They were quiet, but was it fair on the dogs ? And if the rules say only 2 dogs, should it be limited to certain sized dogs ?

    In my experience, the smaller the dog, the bigger the problem. They run amok, crap everywhere, and yap endlessly. Our downstairs neighbour had 3 yappers. They never could understand the problem. Dogs never barked. Yeah, right. The owner drove out the driveway and those F*&king mutts yapped and whined non-stop until the car returned. This was every day, 7 days a week, from 7:30am to 5:30pm for over 3 years. I am not exagerating - non-stop. Drove us up the bloody wall, especially with us being home most the day.

    And what about the other poor neighbour who worked shifts ?

    OK, so we complain, together with the other 5 neighbours in the same area, and what happens ? Nothing. The owners say they don't care, and they are not removing their 3 dogs. The body corp imposes a R50 fine, the owner pays it, laughs, and keeps the dogs.

    Eventually, after about 3 years, they sold their unit. I swear that miserable bastard made it a condition of sale that the purchaser must possess at least 3 dogs - I'm convinced of it. True as nuts. Rules say no new pets, and owner arrives with -- you guessed it -- 3 yappers.

    And you wonder why it is such an emotional issue at meetings ?

    What I can tell you, is that if the rules say no new pets, then they certainly have already had their share of pet related problems.
    Watching the ships passing by.

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    Diamond Member adrianh's Avatar
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    daveob....
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

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    Gold Member daveob's Avatar
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    Yeah adrianh, might be funny now. But imagine the other old geezer (a.hole) who made a habit of letting his darling yapper out at 3am every day for a pee. Let it roam the common property instead of putting it in his own enclosed garden - probably didn't want to have to clean up after it.

    A week of this waking everyone up and I was out in my pyjamas with a steak knife hunting the damn thing at 3am.
    He has the cheek to say "over my dead body".
    I agreed and offered to oblige if he didn't sort out the problem.
    He backed down and thereafter the dog krapped in his garden every morning.

    Bottom line, from my experience, in a complex the pet owners care more about their own pets than about the rights of anyone else. I was bought up that you had some common decency and consideration for others - not a "f*&k you" attitude.
    Watching the ships passing by.

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