I did knew about Rule 2.4.5 (only 2 dogs) of the contract that me and my husband signed 3 years ago when buying our house in an estate, at that time our daughter were 3 years old and we never thought of buying her, her own puppy. She is turning 6 this year and August 2011 we bought her a miniture pegingese, not even thinking of the contract we signed nor the body corporate act. I've got a letter from them giving me until 30 April 2012.The other 2 dogs (bulldog and foxterier) we have stays outside during the day and night, we never take them for walks because they were not trained walking on a leash, they are no nuisance or threat for other residents, they are both 13years old and no one can see them from our front yard. The little one is staying inside our house during the day and in the evenings, the only times she is allowed out of the house is when the domestic worker takes her out to do her thing and between 15h00 - 16h00 when the domestic worker are going home and then me and my husband return from work. My daughter will be heartbraking when we have to get rid of one of our dogs, are there something I can do?
Nothing, only got the letter today.
Thank you for using Just Answer
I am afraid that you are not going to like the answer I have.
The conduct rule 1 of the sectional title act states that no dog, cat or bird or other animal is allowed without the consent of the trustees of the body corporate which consent may not be reasonably withheld
The answer is then if the rule is 2 dogs and the rule is applied to every owner of the estate then you are bounded by it.
How ever if you can prove that 2 dogs is the exception and not the rule you are in with a chance. You can tell the court that you got good reason in that the rule is not equally applied
Then again you can try and change the ruling. At a body corporate meeting it can be taken to a vote. You will need majority support of the owners or their representative.
I trust this answers you question and please proceed to accept the answer.
BProc, LLB and MBA
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