May I keep a pet?

It is not surprising that permission to keep a pet is covered by rule 1 of the rules of conduct. Much unhappiness and heartache have been caused by a failure to understand this rule. An occupant may not keep a pet without the written consent of the trustees which the trustees may not refuse without good reason. In considering an application, the trustees have to be guided by the kind of pet and the nature of the scheme. In granting consent, the trustees may impose special conditions and may withdraw the consent if the pet causes a nuisance to other owners. Emotions run high when it comes to pets. Often a body corporate will, by special resolution, suspend conduct rule 1 and ban all or certain kinds of pets.

 

May I enclose my balcony?

The question regarding the enclosure of balconies is of a very complicated nature. A balcony may form part of a section, part of the common property, or it may be an exclusive use area. Even though the balcony forms part of a section, it is by no means a given fact that it can be enclosed. A balcony is usually considered to be a non habitable area. Enclosing the balcony would convert it into a habitable area, in which case municipal permission would be essential and which might not be granted. In any event, enclosing a balcony would alter the exterior appearance of the scheme and would certainly require the unanimous consent of the body corporate. This will also increase the surface measure of the unit, altering the participating quota.

May I extend my patio?

A patio is usually common property, so consent would be required. In certain cases patios form part of a section. In these cases, it may still be necessary to notify the trustees, as the patio visibly forms part of the common property.

May I fit an airconditioner?

Airconditioning units, which utilise air from outside the building, are partly fitted outside the section, therefore permission to fit such a unit is necessary. Another consideration is the noise generated by the compressor in the airconditioner. These compressors often cause considerable vibrations, which will certainly affect your neighbors. In a block of flats, noises generated by compressors and fans travel vertically and horizontally and will affect the flats above and below, as well as the flats on either side. These noises may not be intrusive during the day, but will certainly prove to be a problem during night.

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