2. PETS, ANIMALS, REPTILES AND BIRDS

1. A resident of a section shall not, without the consent in writing of the Trustee Board, which approval may not unreasonably be withheld, keep any animal, reptile or bird in a section or on the common property. When granting such approval, the Trustee Board may prescribe any reasonable condition. Keeping pets in the Complex is a privilege and not a right.

2. The MBC may grant permission, which must be in writing, for up to two Pets in total per section. Pets must be correctly registered and approved by the MBC before entering the Complex. The resident must provide all the necessary information and sign the required documentation, including—

(a) Copies and proof of neutering / spaying and current inoculations. Evidence of valid, current inoculations may be requested by the MBC.

(b) Evidence that the pet is identifiable by a collar with an identity tag containing the contact telephone number and pet’s name. The pet should be micro chipped if possible and the details of the microchip should be sent to the Trustee Board.

(c) Printed, or emailed coloured photos of the pet (This is useful in identifying the pet and may be required at the Trustee Boards’ discretion).

(d) Residents may be required to present their animal to the Trustee Board or accredited vet for identification and verification that they meet with the conditions before approval is granted

3. Approval by the MBC for a resident to keep a pet does not constitute approval of the suitability of the pet and the resident indemnifies the MBC against any claim, loss or damage it may incur that is caused by the pet while on the Complex

4. Approval for a pet to be on the Complex is subject to the following conditions and limitations, and the Trustee Board may amend or add to these requirements

(a) No excessive barking or uncontrolled barking, howling, whining etc. is allowed. Anything in excess of 15 (fifteen) minutes continuously is regarded as excessive.

(b) No pet is allowed on the Complex if it is, or can be perceived to be, a hindrance, a danger or threat to the safety of other residents, visitors, service providers, other persons or pets.

(c) No pet that shows aggressive behaviour is allowed, irrespective of size or type of pet. The Trustee Board will also have a published list of specific breeds of animals that have been identified as likely to be unsuitable. This rule covers animals of mixed breed containing any of the breeds on the list.

(d) Approval will only be given where the MBC is satisfied that the pet appears to be safe to bring into the Complex.

(e) Residents may be required to take their pet to appropriate and approved training if requested by the MBC to correct unacceptable or aggressive behaviour, at the resident’s expense.

(f) No pet that causes or can cause damage to any property, including damage to exclusive use gardens, common property gardens and inside units is allowed. Residents are liable for any damage or injury caused by their pet to any property, resident or their pets, visitors, employees and all other persons on the Complex.

(g) No large pet, or more than one pet, may be kept in a small garden, to be fair to the pets. The Trustee Board may determine if a garden is large enough for the particular pet or pets in each case, calling upon an animal expert for advice if necessary.

5. Dogs are to be properly controlled on a suitable leash or carried at all times when on the common property, including driveways and gardens.

6. Other pets permitted are limited to cats, fish kept in no more than two aquariums and up to two hamsters or mice in a cage. Up to two small birds kept in a cage are allowed, provided that they do not cause a disturbance.

(a) No other types of pets or animals will be allowed on the Complex without special permission from the MBC. Specifically excluded are all reptiles, snakes, noisy birds like parrots, macaws and parakeets, pigs, other farm animals and any wild or exotic animals.

(b) Aviaries are not permitted

7. Residents shall ensure that their pets do not foul any of the common property, including the gardens and driveways.

(a) Residents must ensure that all excrement is removed from the exclusive use garden and their section every day to ensure hygienic conditions are maintained and to enable the garden service to attend to the garden or maintenance workers to enter the garden area and as a courtesy to your neighbours.

(b) Should any pet foul the common property while being walked, the resident of the section to which the pet belongs shall immediately remove all excrement or other mess left by such pet.

(c) If the resident fails to clean up in their garden or on the common property as required, the resident shall be charged a fee each time the MBC has to clean up. The fee shall reasonably reflect the cost of cleaning up as determined by the Trustee Board and may include a penalty for the inconvenience of having to clean-up.

8. The MBC may elect to charge a monthly fee and/or an initial fee to all residents who have pets, or any class or type of pet, for any reason whatsoever, the amount of which shall be determined by the owners at a general meeting

9. The resident grants the MBC the right, should a pet be left abandoned, unattended or unsupervised for 24 hours or more, not provided with adequate shelter, food and water at all times or abused or mistreated or found running around the Complex or contravening any Council bylaws, to be removed by the MBC or appropriates authorities, on instruction of the Trustee Board, after urgent notice to the resident by phone, SMS or email. The MBC is entitled to recover from the resident all costs to remove and kennel such pet.

10. The following shall apply to residents who contravene these pet rules:

(a) On receipt of the first written complaint, or upon becoming aware of a contravention, the MBC will, through the Trustee Board, confirm that the contravention occurred and attempt to remedy the situation verbally with the resident or in a meeting or by telephone. A notice of contravention of these Conduct Rules may be issued to the resident, the owner of the unit and to the rental agent, if any.

(b) If the contravention is not resolved as above, or on receipt of the second written complaint or upon becoming aware of the contravention occurring again the MBC will confirm the validity of complaint and forward a written warning to the resident, the agent if any and the owner to remedy the situation immediately.

(c) If the above action does not resolve the contravention, or on receipt of the third valid written complaint or upon becoming aware of a recurring contravention, or in an urgent matter, the MBC will, if satisfied that the contravention occurred, sanction the resident as defined in these Conduct Rules and forward a written notice to the resident, agent if any owner, advising them to remove the pet from the Complex within 72 hours and the withdrawal of permission for the resident to keep that pet on the Complex.

(d) If the above does not resolve the matter the MBC reserves the right to refer the matter to the SPCA or arbitration or apply to a Court having jurisdiction, for an order or interdict for the removal of a pet from a section and the common property in terms of the Sectional Titles Act. The owner of the relevant section shall be liable for the costs relating to the application, including such costs as are referred to in Management Rule 30(4) and Conduct Rule 19(6).

11. The MBC may withdraw any pet approval at any time in the event of any breach or non- compliance with any of the other conduct rules after due process has been followed.

12. Residents who had more than two pets approved by the MBC prior to the registration of the first Conduct Rules in November 2002, and that are registered, may keep the excess pets but may not replace them and must thereafter comply with these Conduct Rules.