Readers may recall that at the end of September 2020 I questioned the correctness of the part of the judgment in Kingshaven Homeowners’ Association v Botha and Others (6220/2019) [2020] ZAWCHC 92 in which the judge agreed with the Community Schemes Ombud Service adjudicator’s view that she could not have ordered an owner to stop…
The Community Schemes Ombud Service has published a reasonable number of adjudicator orders, all of which are available at https://www.csos.org.za/csos_adjudication_orders/. I have added to these various orders that have been sent to me and, excluding orders that are merely formal or record settlements, in total, I now have the text of 83 Gauteng orders, 83…
It is surprising how often hot-water geysers burst, usually causing water damage to the interior of sections, and often causing damage to one or more adjoining sections. There is a lot of work arising from geyser failures. A claim needs to be made on the body corporate’s insurance policy, which can involve much correspondence and…
A criticism of the judgment in Kingshaven HOA v Botha Illegal parking in community schemes is often a real problem, and scheme executives need to be able to effectively control parking in the scheme. In the case of Kingshaven Homeowners’ Association v Botha and Others (6220/2019) [2020] ZAWCHC 92, which came to the high court…
The Protection of Personal Information Act, No. 4 of 2013 (POPI Act) is now in operation, as from 1 July 2020. What does this mean for community schemes such as sectional title developments, homeowners associations and retirement villages? 1. By when do you have to comply with the POPI Act’s requirements? You have one year…
In these unusual Pandemic-tainted times, we need to be smart if we are to ensure the sustainability of our community schemes. In the area of scheme administration, there are seven issues I suggest all HOA, sectional title, retirement development and share block scheme executives should consider, to improve their scheme’s administrative efficiency. Most schemes…
We all know times are tough, and the reality is that some people cannot afford to pay their levies. They should sell, and as quickly as possible, but often they hold on too long and run up major debt to the body corporate in the form of unpaid levies. Once the legal fees are added,…
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…
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…
So you live in a sectional title unit, and suddenly you get a message from the managing agent or trustees saying your family is making too much noise. The message is headed “Final Warning” and says you have broken the scheme’s rules. If it happens again, you will be fined. The complaint may relate to…
Sectional Title Scheme Rules under the New Legislation. In the light of the new sectional titles schemes management legislation, I have re-examined the subject of sectional title body corporate rules. First I look at the four types of rules a developer or body corporate can make. Then I examine the law and other legal principles…
A sectional title body corporate is responsible for management and administration of its scheme. It must ensure that the provisions of the Sectional Titles Schemes Management Act (the Act) are complied with and it must enforce the provisions of its management and conduct rules. These responsibilities must be carried out in the best interests of…
The Provincial Ombud for the Western, Eastern and Northern Cape, Maletsatsi Wotini, opened the proceedings and welcomed those present. Sindisiwe Ngxongo, the National Department of Human Settlements’ Acting Director General: Chief Operational Officer confirmed that the meeting was an attempt to address the reputational issues that have arisen and restore confidence in the Community Schemes…
Choosing a portfolio manager for your scheme can often be a difficult task. Not only do you want to find a manager or management firm that can promptly and effectively deal with any issues that may arise, but you also want their services to be as good and as affordable as possible. To help you…
The Community Scheme Ombud Service Act, No. 9 of 2011 (“the CSOS Act”) came into force on 7 October 2016. In terms of the CSOS Act, “community schemes” include: 1. Sectional titles development schemes in terms of the Sectional Titles Act (Act 95 of 1986); 2. Share block companies governed by the Share Blocks Control…
