Guide, hearing and assistance pets: How to manage them within your scheme

The Sectional Titles Schemes Management Act 8 of 2011 ("the STSMA") makes provision for guide, hearing and assistance dogs in Prescribed Conduct Rule ("PCR") 1(2). This concept was then extended to "animals", not only dogs, in a Community Schemes Ombud Service ("CSOS") Practice Directive in May of 2021. 

 

The above provides that an owner or occupier suffering from a disability and who reasonably requires a guide, hearing or assistance animal must be considered to have the trustees' consent to keep that animal in a section and to accompany it on the common property. 

 

However, it must be noted that PCR 1(2) explicitly does not provide for the trustees' consent to be automatic, and, in this regard, PCR 1(3) provides that the trustees may provide for any reasonable condition in regard to the keeping of an animal, reptile or bird in a section or on the common property.

 

This is very important when one considers that the definition of "disability" has expanded greatly since 2011, when the STSMA was drafted. However, it is worth noting that there is no legislation that regulates disabilities in South Africa, i.e. many other countries have legislation like the Disability Act but we do not, and this makes it incredibly difficult for community schemes to play judge, jury and executioner surrounding exactly what constitutes as a "guide, hearing or assistance animal", as there is no blueprint around what constitutes a disability or not. 

 

The above is very important when one considers how society has evolved, and along with this its perception around both physical and mental disabilities. 

 

Although it may be more straight-forward to determine someone's need for a guide, hearing and assistance animal when they have a physical disability, it is with mental disabilities that a controversial grey area appears. Furthermore, it is unfortunate that there have been many instances of people feigning mental disabilities in community schemes just to circumvent a no-pet policy within the scheme. 

 

In this regard, especially with schemes where a no-pet policy is present, it is our recommendation to include a process of guide, hearing and assistance animal record-keeping, and this would require the relevant resident to submit reasonable and recent medical proof, from the relevant qualified medical professional, indicating their need for the animal. 

 

Only until such time that the aforementioned reasonable medical proof has been received and accepted by the trustees will the resident be deemed to have the trustees' consent. 

 

The above hopefully clarifies and offers some assistance with navigating through the grey waters of guide, hearing and assistance animals. 

 

Please click on the following link to learn more about the Author and the company, TVDM Consultants - https://www.tvdmconsultants.com/nicole-nel