1 LDCOM LE DOMAINE RESIDENTIAL ESTATE PET POLICY AND PROCEDURE

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1 1 LE DOMAINE RESIDENTIAL ESTATE PET POLICY AND PROCEDURE DEFINITION: The term pet in the Le Domaine context, refers, specifically, to domesticated dogs and birds, but excludes domesticated cats, for reasons which will be explained below. POLICY The legal foundation of the Le Domaine policy with regard to the keeping of pets is Le Domaine Conduct Rule 4: 4.1 It should be understood that whilst pets are permitted, the keeping of pets in a section is a privilege and not a right. 4.2 An owner of a section shall not except with the prior written approval of the Trustees keep any animal or bird in a section or on the common property, and the Trustees shall when considering any application by an owner, take into consideration the Le Domaine vision to promote natural flora and fauna, in particular the propagation, regeneration and proliferation of birdlife in its natural environment. When granting such approval, the Trustees may prescribe any reasonable conditions, which shall include, but not necessarily be limited to the following: No more than TWO (2) small pets may be kept on or in a section at any time; All dogs must wear a collar with a tag indicating the name, telephone number and unit number of the owner; An owner who keeps a dog shall fence the garden area allocated to the section to the satisfaction of the Trustees; An owner shall be permitted to exercise his dog on the common property provided that at all times the dog remains on a leash and any littering shall immediately be removed by the owner; No dog shall be permitted in any portion of the buildings other than the owner's section; No person shall allow any dog to foul the corridors, entrances, pathways or any other part of the common property or otherwise cause a nuisance; Dog inoculations are to be kept up to date in accordance with the municipal by-laws, or other relevant laws or regulations. 4.3 A written application to keep an animal or bird ( pet ) must be submitted to and considered by the Trustees before the pet is introduced to Le Domaine. Introduction of a pet without prior Trustees consent is a contravention of these Rules and subject to the imposition of a penalty, and may result in the refusal of any subsequent application. An application to keep a pet must contain the following: Details of the type of pet including a description of the nature and anticipated mature size of the pet;

2 The written consent of the owners of each of the sections neighbouring the section at which the pet would be kept; Proof of dog inoculations, which are to be kept up to date in accordance with the municipal by-laws, or other relevant laws or regulations. 4.4 Upon the death or the permanent removal of any animal from Le Domaine, an owner shall be obliged to re-apply to the Trustees for written approval for the keeping of another pet in or on his section. 4.5 Tenants will not be permitted to have pets, with the exception that an owner who sells his section and becomes a tenant of another owner may be permitted by the Trustees on application to retain a pet that was previously authorized to be kept while still an owner, provided that the lessor agrees to this arrangement. 4.6 No large dogs will be permitted. No dogs will be permitted to be kept in sections where there is no suitable area immediately adjacent which can be allocated and fenced off. 4.7 No reptiles will be permitted to be kept. 4.8 No cats will be permitted, as these will compromise the protection of birdlife in Le Domaine. 4.9 Under no circumstances shall the breeding or slaughter of animals be permitted No visitors animals or birds are permitted on the estate The Trustees shall have the right to require any animal or bird to be removed permanently from Le Domaine where the provisions of this Rule, including any conditions imposed by the Trustees when granting approval, have not been observed. Conduct Rule 4 is interpreted and applied by the Compliance Committee, consisting of two Trustees, the Estate Manager and the Estate Manager s Assistant, which considers, and decides upon, applications for the keeping of pets. The Compliance Committee s policy is that The provisions of Conduct Rule 4 will be applied strictly The Compliance Committee reserves the right, at any time, to decline an application to keep a pet, or to withdraw consent, previously given, to keep a pet, if, in the opinion of the Compliance Committee, there is good reason to decline such application, or to withdraw such consent As the Compliance Committee will not grant permission for the erection of the required fencing where the owner s section borders on a waterway, the Compliance Committee

3 3 will not consider any application to keep a dog where the owner s section borders on a waterway. In any situation in which the interests of other owners may potentially be, or are being, adversely affected by the keeping of a pet, the interests of the other owners shall be accorded priority, which situation may result in the Compliance Committee declining an application to keep a pet, or summarily withdrawing consent, previously granted, to keep a pet. An owner to whom consent is granted by the Compliance Committee to keep a pet must, at all times, ensure that the pet, or its behaviour, or the owner s behaviour in relation to such pet, does not constitute a nuisance to other owners If a pet, or its behaviour, or the owner s behaviour in relation to such pet, constitutes, in the opinion of the Compliance Committee, a nuisance to other owners, the Compliance Committee may, in its discretion, summarily withdraw the consent, previously granted, to keep the pet, or impose conditions in addition to those conditions imposed by the Compliance Committee when granting consent to keep the pet. PROCEDURE APPLICATION TO THE COMPLIANCE COMMITTEE The owner must submit a written application, as per Annexure A, to the Estate Manager s Assistant, in a written document, or by . The Compliance Committee may request all relevant documents required by the Compliance Committee, or any other competent authority, in connection with the keeping of the pet/s. CONSIDERATION AND DECISION BY THE COMPLIANCE COMMITTEE The Compliance Committee will consider the application and the supporting documents request any additional information required to consider the application in writing, decline the application, with reasons, or in writing, approve the application, subject to conditions notify the applicant accordingly. ********************************

4 4 ANNEXURE A APPLICATION TO KEEP A PET/ S AT LE DOMAINE I, the undersigned, (insert full names of owner) the owner of (insert unit number and village name) hereby apply, under the provisions of Le Domaine Conduct Rule number 4, for the written approval of the Trustees of the Body Corporate of LE DOMAINE to keep a pet, or pets, in my section. The details of the pet/s are as follows: DOG/S / BIRD/S (delete whichever is not applicable) Breed of dog / species of bird Name of pet 1. Name of pet 2. Age of dog 1. years Age of dog 2. years Shoulder height of dog 1. cm Shoulder height of dog 2. cm Weight of dog 1. kg Weight of dog 2. kg I attach: 1. currently valid inoculation certificates in respect of the dog/s 2. written consents of the owners of the neighbouring sections to my keeping the pet/s 3. a sketch plan indicating my section, the adjoining common property and the proposed positioning of fencing to enclose the dog/s. 4. Photo of the pet/s SIGNED at this day of 2015 (Signature of owner)

5 5 Neighbours approval Village name and unit number Owners name Signature