“The members of my body corporate took a decision at our annual general meeting, held on 10 April 2019, which I believe is unreasonable and I would like to oppose it. Can I refer this matter to the CSOS?” When I get this type of query, I have to advise the client that they have…
The Community Schemes Ombud Services Act (“the CSOS Act”) states that upon receiving an application, an ombud may require the applicant to provide evidence that an internal dispute resolution mechanism has been unsuccessful. What this means essentially, is that before making an application to the CSOS for relief, you should ensure that you can prove…
By the Paddocks Club team Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members! Can a body corporate force access to repair a leaking toilet? Member’s question: Good day Paddock Team, There is a unit that has a leak which comes from…
The October 2019 edition of Paddocks Press is now available.
One of the most important reasons for the establishment of the CSOS is to provide a cost effective dispute resolution mechanism to community schemes. Although there have been a number of reported “growing pains” related to this relatively young platform, we believe that it is proving to be useful. While there may be a long…
It is often hard to get sectional owners to attend meetings and for the body corporate to get a quorum of owners present or represented. The normal quorum requirement is one third of all owners’ voting values, but it is not unusual for general meetings to be automatically adjourned for a week because there is…
By the Paddocks Club team Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members! Adult son of tenant visiting, sleeping in vehicle on common property: What to do? Member’s question: Good day Paddock Team, What is the right of the body corporate…
The September 2019 edition of Paddocks Press is now available.
The first lesson of economics is scarcity, there is never enough of anything to fully satisfy all those who want it, which is why one of the most valuable additions to any property is secure, and preferably covered, off street parking. Unfortunately, many sectional title schemes lack the necessary space required to fully satisfy all…
Sectional owners frequently complain that trustees spend scheme money on expenses that are not covered by the body corporate’s approved budgets, sometimes on unnecessary expenses, or that they spend more than the budgeted amounts. What can owners do when this happens? The law requires that trustees must spend the body corporate’s money in accordance with…
By the Paddocks Club team Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members! Can trustees use funds specifically collected for painting on other expenses? Member’s question: Good day Paddock Team, We manage a body corporate who collected a special levy for…
Topic: The legal nature of “ownership” of parking in sectional title Date: 1 September 2019 Interviewer: Africa Melane on 567 CapeTalk radio station During this interview, Auren discusses whether or not an owner can rent out their parking bay. Click here to listen to the interview on CapeTalk’s website. Should you have any queries relating…
One of the most frustrating tasks some trustees and managing agents have to tackle, is the situation where the body corporate finds itself in financial difficulty as a direct result of some of its members failing, and/or refusing to pay their contributions (commonly referred to as “levies’). It is from this place of frustration that…
This article will focus on the role played by the Community Schemes Ombud Service (“the Service”) in regulating, monitoring and controlling community scheme governance documentation. In terms of section 4(1)(c) of the CSOS Act, one of the functions that the Service must fulfill is to regulate, monitor and control the quality of all sectional titles…
