With the promulgation of the Community Schemes Ombud Service Act of 2011 (the Act), community schemes and its members are given an alternative forum where they may resolve their differences. Disputes between owners, with the trustees or with the managing agent may be lodged with the Ombud service for conciliation. The functions of CSOS The Community Schemes Ombud Service has a juristic nature,...

One of the most important decisions the members of a sectional title scheme must make every year is the appointment of trustees to manage the affairs of a body corporate. Unfortunately, it is not always given the consideration it deserves and internal conflict often results in members voting against candidates they dislike as opposed to voting for people based on...

A body corporate is a community of owners living in a complex where a harmonious living environment is expected. Members of a body corporate own an undivided share of the common property together with their units and contribute to the general expenses of the scheme via their levy contributions. It follows that owners expect to have a say in decisions made...

Conduct rules are rules that have been created to encourage harmonious living in a sectional title scheme and to uphold the standards by which the buildings and other areas in a scheme are maintained. There are eight prescribed conduct rules as laid out in the Sectional Titles Schemes Management Act; they are: Keeping of animals, reptiles and birds Refuse and waste...

Maintaining the common property in a sectional title scheme is the body corporate’s responsibility. The scheme’s annual budget must make provision for both planned and unplanned maintenance during the financial year. Does this budget have to include provisions for maintenance to windows in the scheme? Bodies corporate often neglect to make the necessary provisions for this kind of maintenance resulting in a...