(Click here for Jennifer's second Q&A)

Question
I'm a cat owner and chose my complex exactly because they allow cats. After having lived here for almost a year the body corporate now suddenly requires all cats to remain inside the units at all times. This is impossible and I would never have bought here if I knew that the BC would make a rule like this.

What can I do? I'd really appreciate your help.

Answer
My first reaction is that you need to determine whether or not the rule providing that all cats must remain inside the units at all times is valid and enforceable or not.

It is usually a scheme's conduct rules that govern pets in the scheme and therefore I presume that the body corporate has purportedly amended the conduct rules so as to provide that all cats must remain inside the units at all times.

In terms of the Sectional Titles Act ('the Act') the conduct rules can only be amended by special resolution of the body corporate. A special resolution can be passed in one of two ways. The first way is by round robin procedure which requires that 75 percent of all owners in number and value (based on the participation quotas) sign a written resolution to amend the conduct rules. The second is by passing a special resolution at a general meeting of the body corporate. This requires all owners to obtain at least 30 days notice of the meeting with the proposed resolution attached to the notice so that owners have time to consider the proposed amendment. Then at the meeting a quorum must be present and of those present or represented at the meeting 75 percent in number and value must vote in favour of the resolution. Whether the resolution is passed by round robin procedure or at a general meeting, the amended conduct rules must be filed in the scheme's file held at the relevant Deeds Registry before they become enforceable.

Therefore I suggest that you investigate whether one of the above two procedures was followed to pass a special resolution to amend the conduct rules, and if so whether the amended rule has been filed in the scheme's file held at the Deeds Registry. If the special resolution was not properly passed or the rule is not in fact filed in the scheme's file then the rule is not enforceable and you are not bound by it.

If the above has been complied with then the rule's enforceability can still be attacked on the basis of section 35(3) of the Act. This subsection states that all rules must be reasonable and must apply equally to all owners of units put to substantially the same purpose. The concept of reasonability is a subjective one, but it could be argued that this new rule is unreasonable due to the fact that it's almost impossible for an owner to ensure that his/her cat does not leave his/her unit at any time as cats are agile creatures whose nature includes the impulse to wander outdoors.

If there are other owners with cats in the scheme you should rally their support and challenge this rule. This can be done initially if you can obtain the support of owners making up 25 percent of the participation quotas in the scheme and all of you request that the trustees call a special general meeting to discuss this issue. Alternatively you (and the other cat-owners who support you) may declare a dispute with the body corporate in terms of prescribed management rule 71 and if this dispute is not resolved within 14 days of receipt of the notice either party may refer the dispute to arbitration for resolution by an arbitrator.

www.paddocks.co.za

On page two: A reader wants to know whether the water seeping through her ceilings is her or the body corporate's responsibility...

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