Pet owners should familiarize themselves with the prescribed conduct rules in a sectional title scheme before they commit to purchasing or occupying a unit therein. This is because the legal principle “caveat emptor” applies and a buyer is expected to have knowledge of the rules applicable to the scheme.
Some schemes have rules which prohibit the keeping of any pets. Others provide that the owner/occupier of a section may only keep certain pets with the written consent of the trustees, which consent may not be unreasonably withheld. In the latter instance, should an owner feel that the trustees have unreasonably withheld consent, a court may be approached for a declaratory order.
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