Misty (left) and Fade (right)
Written by Pauline Kumlehn
Professional photography by elysian
“It always seems impossible until it’s done”. Nelson Mandela
For as long as I can remember, and being a single ‘gal, I’ve always wanted a pet to keep me company. Cats, in particular, hold a special place in my heart. Personal circumstances, including living in a sectional title complex, have precluded this for the past two decades.
The pandemic and imposed social restrictions of 2020 only made me more acutely aware of how much I longed to be a guardian to a furry friend. The pandemic brought challenges, but it also brought opportunities. My landlord advised me that he had to sell our apartment; this left me with the decision to move or buy the property. My 80-year-old plus mum lives with me, so moving was the least preferred option. With some deep breaths and faith in my heart, I purchased the flat in the middle of 2020 with all of its uncertainty. What I didn’t know at the time was that step-by-step I was moving closer to finding the companionship I’d always craved.
In 2021, as an owner in a sectional title scheme, I became aware of the contentious issue of pet ownership, particularly in apartments. Our scheme had, for instance, changed its conduct rules back in 1997 to ban the ownership of all pets.
Despite this, the seed had been planted and I began to ask questions. Why is it such a problematic issue? Surely what one does within the confines of one’s own apartment, provided that it’s not a nuisance to other tenants and owners, shouldn’t be an issue? The lawyer in me started to ponder this more and more, and I found myself reading up on the topic online.
Towards the second half of 2021, I also began to “troll” various websites of animal shelters and NPOs and was astounded at the number of furry angels looking for a safe and secure home in which to spend their days. One organisation that caught my attention was Cat Trapping in the Winelands, and it became a daily habit to check out their Instagram page to follow the stories of all the cats, kittens and rescues being performed.
One evening in October, I spotted a cat called Misty who, together with two tiny kittens, had been found in a factory in Paarl. At first, they thought she was feral, but she turned out to be a sweet girl who was probably simply abandoned to her fate with her babies. The moment I saw her sweet little face it was as if she looked into my soul. I felt tears welling up – why could I not give this girl a home? Was that really asking for too much?
By the beginning of 2022, the seed had grown into a full-blown desire. Misty, who was now in foster care with her two little ones, was looking for a home. One of her kittens was adopted in January, leaving Misty and her boy, Fade. I not only wanted them; I NEEDED them!
Meanwhile, the issue of pet ownership was now up for debate at our annual AGM where revised conduct rules were tabled – and such rules would permit (with certain conditions) pet ownership. Dare I hope?
The AGM was held on Thursday the 27th of January, and to my dismay, some three hours into the meeting, we still couldn’t address all the issues on the agenda due to much infighting over the issues of the body corporate members. The tabled revised conduct rules weren’t debated or voted upon, and it was left to be decided when the AGM was reconvened. I left that evening feeling shattered.
Saturday the 29th of January was cat adoption day at Cat Trapping in the Winelands, and I so wanted to meet Misty and Fade. I couldn’t sleep and spent most of the Thursday night and Friday debating the issue. The amendments to the sectional title schemes brought about by the Sectional Title Schemes Management Act seemed clear to me – the prescribed rules permit pet ownership provided the trustees gave consent, which consent could not be unreasonably withheld. The law also appeared clear to me in that given our scheme’s revised rules were in conflict with the new Act, those rules were unenforceable. It was only where, under the new Act, the members of the body corporate had unanimously voted to ban pets that such a measure could be enforced.
The words of Nelson Mandela were on my mind: what if I simply took it one step at a time, had faith and pressed ahead? … perhaps I could still make this happen.
On Saturday the 29th, I went to the adoption day. Annemarie De Beer, founder of Cat Trapping in the Winelands, struck me as such a warm and kind person and I felt so at ease among all her furry friends looking for a forever home. She asked me if I’d like to meet Misty and Fade and, of course, I said “yes”! Needless to say, having met them while in the care of their foster parents, I was smitten. The rest of my weekend revolved around how to state my case to the trustees of our body corporate.
On Monday morning, I met with the chairperson of our scheme and explained my views, both as a member of the body corporate and in my professional capacity as an attorney. This was followed up with a lengthy and detailed motivation letter seeking the trustees’ consent.
That was not the end of the matter. On Thursday, I received a short response from the trustees indicating that they couldn’t give me a decision (or their approval) as they’d be “exceeding their powers as trustees”. Their view was that the old rules of the scheme still applied and so they could not make a decision.
What nonsense, I thought! Undeterred, I then gathered all the material that I had collated over the past weeks and also looked at similar cases elsewhere, including notably Australia, on which our current legislation has been based. The good Lord gave me the intellect as an attorney, and I was determined to use it!
By the Friday evening, I’d put them to terms and given the body corporate an ultimatum to make up their minds and provide me with a decision (either in favour or against) by close of business the following Tuesday, failing which I’d be seeking recourse to the Ombud and/or the court. I had Misty and Fade in my sights (and in my heart!) and I wasn’t going to let this one go without a fight. So much so that in preparation, I spent the Monday night preparing submissions for papers should I have to go a formal legal route.
However, happily, my persistence paid off; I was granted written approval on the Tuesday. I’ve also subsequently had fruitful discussions with some of our existing trustees to advance a proper understanding of the law and the rights and obligations of owners in a scheme, not only regarding pet ownership, but also on a more general scale. In my view, it’s important that there’s not only respect for the rights of all who live in a scheme generally, but also for the rights of individuals within the scheme to enjoy the free and undisturbed use of their own premises. I continue to follow this debate on various forms of media.
The days that followed were a flurry of activity to “catify” my apartment for Misty and Fade’s arrival on Saturday – all this just before Valentine’s Day no less (and yes, “catify” – I’ve been watching Jackson Galaxy’s cat videos and instructions on YouTube studiously!).
It’s now been a few weeks, and while life in our household is still in the adjustment phase, particularly with a rambunctious and ever-curious five-month-old kitten, it’s been worth every minute of the struggle.
Misty is still a little bit shy at times, but little by little she’s coming out of her shell and has now started to let me pet her and gives the most beautiful little purrs and “chirps”.
Yes, I’m somewhat sleep deprived of late, but what new parent isn’t?
All I have to do is look at their content faces when they’re sleeping or polishing off a treat to know that I made the right decision, which all began with taking one small step in the direction of my dreams… and then putting one foot in front of the other.
