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!

Enforcing conduct rules submitted to but not yet approved by CSOS

Member’s question:

Good day Paddocks,

Are conduct rules enforceable if they have been sent to CSOS, but have not yet been accepted – i.e. no reply has been received from CSOS yet.

Regards

Jennifer’s answer:

Dear member,

If a set of rules has been validly accepted by the BC, and have been submitted to CSOS but are yet to be approved by CSOS, these rules will not come into operation (and be enforceable) until CSOS issues a section 10 certificate approving the rules (see section 10(5)(d) STSM Act).

Regards
Jennifer

Can a resident sue the body corporate if they slip and fall on the steps?

Member’s question:

Hi Paddocks,

With the rainy season coming up, can a resident sue the BC if they slip and fall on common property steps?

Jennifer’s answer:

Dear member,

The body corporate has a legal duty to take reasonable steps in respect of maintenance to ensure that the common property is in a safe condition with reference to the type of person who may normally make reasonable use of it. PMR 23(6) states that the body corporate must take out public liability cover for at least ten million rand. The members can decide to increase this amount.

Someone who becomes injured on the common property may sue the body corporate, however, whether they will be successful or not is another question. If the court finds the body corporate failed to perform its statutory obligation to maintain common property and the accident was a direct result, the body corporate would be liable for the person’s reasonable damages. The body corporate would then claim against its public liability insurance to cover these costs.

Kind regards
Jennifer

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Article reference: Paddocks Press: Volume 18, Issue 3.

Graham and Jennifer Paddock are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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