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...

It is a common myth that exclusive use areas do not form part of the common property. The truth is that exclusive use areas (EUAs) do form part of the common property; however, the owner has exclusive use of this area – for example, an enclosed garden. The Sectional Titles Schemes Management Act No 8 of 2011 determines that it...

Levies - or contributions, as they are referred to in the Sectional Titles Schemes Management Act No 8 of 2011 - are the lifeblood of a body corporate’s successful existence. Without contributions paid by all members, the body corporate is unable to pay for services provided. The direct result of this may include legal action against the body corporate for...