In community schemes where no pets are allowed at all, or where pets are allowed but conditions are imposed and a person who brought the pet into the scheme is unable or unwilling to either remove it or control its behaviour so as to comply with the conditions, the association can make application for an order requiring that the animal be removed.
In terms of section 39 (2) (c) of the CSOS Act, an application may be for:
“an order declaring that an animal is being kept in a community scheme contrary to the scheme governance documentation, and requiring the owner or occupier in charge of the animal to remove it”
Examples of issues
A pet is brought into a scheme in breach of a provision in the governance documents prohibiting such a pet.
A person is given permission to bring a pet into the community scheme subject to conditions validly imposed in terms of the governance documents and these terms are breached in a non-trivial way.
Example of order
An example of the type of order the CSOS could give is:
1. That an African Grey parrot is being kept in flat 987 Silvan Heights contrary to the scheme’s conduct rules.
2. The owner of that flat, Mr. Jay Naidoo, must ensure that the parrot is permanently removed from the flat within 10 days of this order.
3. This order takes effect immediately.
Is this not the right order – is either the type or category is wrong for your matter?
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