Assistance dogs in Sectional Title schemes

On 7 October 2016 the Sectional Titles Schemes Management Act, No. 8 of 2011, came into operation. So did the Sectional Titles Schemes Management Regulations. Prescribed conduct rule 1(2) states:

 

(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.

 

It is evident that these types of animals must be accommodated, even in the so-called no-pet schemes. A practice directive, published by the Community Schemes Ombud Service in May 2021 in respect of the amendment of rules, states: 

 

21. Animals and Pets

 

The scheme may prohibit pets entirely, however that prohibition would not apply to a member or occupant that can show that he or she needs a medical assistance and / or guide dog (animal). Such animals are automatically permitted.

 

Whereas the meaning of a guide dog or hearing dog appears obvious, it is not immediately evident what is meant by an assistance dog. As expected, many owners and occupiers in no-pet schemes have exploited the uncertainty and have demanded keeping an animal which purportedly falls into the assistance dog category. These include applications to keep therapy or comfort dogs, and emotional support animals. The owners and occupiers claim they suffer from, for example, depression, or that they are survivors of a serious illness. Often the application to keep the pet is accompanied by a doctor's note indicating that the keeping of the animal will improve the quality of life of the owner or occupier.

 

As our sectional title laws and regulations are largely influenced by Australian legislation (in particular that of New South Wales), and as they have adopted similar regulations in the keeping of pets in their "sectional title schemes", I consider it pertinent to seek guidance from them, specifically as there is so little guidance in terms of South African legislation. Herewith a few extracts form Australian websites and legislation that deals with the keeping of assistance dogs in schemes: 

 

"Assistance animals are not pets, but rather are highly trained disability support services that enable a person with disability to safely participate in personal and public life activities.

 

Assistance animals can provide a variety of support to alleviate the barriers people with disability experience in daily activities. In addition to animals that assist people who are blind or have low vision, assistance animals can also provide support to people who are deaf or hard of hearing; for people who require physical support for mobility or other functional tasks; people who experience episodic and serious medical crisis (e.g. epilepsy, changes in blood pressure or blood sugar); and people who experience psychiatric disorders such as Post-Traumatic Stress Disorder, anxiety, hallucinations, panic attacks or suicidal ideation." 

 

9 Carer, assistant, assistance animal and disability aid definitions 

 

(2) For the purposes of this Act, an assistance animal is a dog or other animal:

 

(a) accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability; or

 

(b) accredited by an animal training organisation prescribed by the regulations for the purposes of this paragraph; or

 

(c) trained:

 

(i) to assist a person with a disability to alleviate the effect of the disability; and

 

(ii) to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.

 

Even if the strata scheme has a by-law that bans pets, assistance animals must be allowed. Assistance animals are specially trained, and usually certified by a training organisation to provide assistance to people with special needs. These can include people with sight or hearing impairment and those susceptible to seizures.

 

The owner must, if required by the owner's corporation, provide evidence demonstrating that the animal is an assistance animal, as defined in the Disability Discrimination Act 1992 of the Commonwealth. Examples of evidence could include:

 

- accreditation from a recognised assistance animal training body, or

 

- a signed statement that the animal has been trained to assist a person with a disability and meet hygiene and behaviour standards for an animal in a public place. 

 

There is a distinct difference, in my view, between an assistance dog and a so-called therapy or comfort dog, or emotional support animal. With assistance dogs there is normally some form of accreditation, and they are highly trained to cater for the specific needs of those suffering from disabilities. Therapy or comfort dogs, or emotional support animals, refer to house dogs or animals kept as normal pets. They have not received specific training to deal with a disability.

 

In sectional title schemes with no-pet rules, applications from persons with disabilities to keep guide, hearing or assistance dogs must be accommodated. The trustees would, however, be well within their rights to refuse applications to keep therapy or comfort dogs, or other emotional support animals, unless specific provision is made in the rules of the body corporate.