Paddocks Press – July 2021
The July 2021 edition of Paddocks Press is now available.
Paddocks Press – June 2021
The June 2021 edition of Paddocks Press is now available.
South Africa’s leading sectional title academic confirms that “no pets” rules are invalid.
In an article in the third 2021 edition of the prestigious Journal of South African Law (pages 456 to 473), Professor C.G. van der Merwe analysed a recent Australian case which is directly applicable to sectional title management in South Africa. He confirmed that all the same principles apply to sectional title rules, considered applicable…
Why you should think twice before bypassing the CSOS dispute resolution procedures
On 01 June 2021, the High Court (Western Cape Division, Cape Town), delivered a judgment in respect of an urgent application in which relief was sought in relation to the reasonableness of a body corporate’s conduct rule prohibiting short-term letting and the validity of the trustees’ decision to install a biometric access control system. Interestingly,…
Paddocks Press – May 2021
The May 2021 edition of Paddocks Press is now available.
CSOS has a new Chief Ombud: Time for performance feedback
The Community Scheme Ombud Service has been in operation for over six years and it now has a new chief ombud, Mr. Adv. Boyce Mkhize, who took office on 1 April 2021. So we need to look at the CSOS, assess the effect it has had on the community scheme industry as well as the…
Paddocks Press – March 2021
The March 2021 edition of Paddocks Press is now available.
Can CSOS adjudicate disputes with regard to parking?
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…
Paddocks Press – February 2021
The February 2021 edition of Paddocks Press is now available.
CSOS: Brief Analyses of the First Five Western Cape Orders
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…
Paddocks Press – November 2020
The November 2020 edition of Paddocks Press is now available.
Q&A – 2020 11
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! Is it legal to take photos of residents who are contravening the conduct rules? Member’s question: Good day Paddocks, Is it legal to take photos of residents and…
Paddocks Press – October 2020
The October 2020 edition of Paddocks Press is now available.
A reflection on the last 4 years of CSOS Adjudications
The Community Schemes Ombud Service (more commonly known as CSOS) celebrated its fourth anniversary in October 2020 and there is much to be said about the positive changes that have been made to the CSOS since its rocky beginnings. Notwithstanding the fact that the CSOS has improved remarkably in many aspects over the last four…
Did the Judge and the CSOS Adjudicator get it wrong?
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…