Paddocks Press – June 2020
The June 2020 edition of Paddocks Press is now available.
Help for frustrated tenants in community schemes
When tenants complain to the body corporate about the incredibly noisy and disruptive neighbours living in the apartment next door, they are often told to take the matter up with their landlord, as the body corporate and/or managing agent won’t deal with queries from those who are not members of the body corporate. Unfortunately, with…
Maximise the chances of recovering unpaid levies
If you have ever been involved in the process of collecting unpaid levies via the civil courts, you will know that this can be a very lengthy and often quite costly process, involving attorneys, the sheriff, various prescribed waiting periods and countless postponements. Once the body corporate finally has its day in court and hopefully…
Paddocks Press – February 2020
The February 2020 edition of Paddocks Press is now available.
We just can’t obtain an unanimous resolution – now what?
Unanimous resolutions are notoriously difficult to obtain. Before voting for or against, this type of resolution can even commence at general meetings, you need to have at least 80% of the body corporate’s members in value and number present or represented at the meeting (which anyone with sectional title experience will tell you is near…
Paddocks Press – November 2019
The November 2019 edition of Paddocks Press is now available.
Time and tide wait for no man
“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…
Is arbitration an internal dispute resolution mechanism?
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…
Paddocks Press – October 2019
The October 2019 edition of Paddocks Press is now available.
CSOS and your scheme’s rules
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…
Sectional title schemes – Principles and resources
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…
Summary of the Community Schemes Ombud Service 2018 Roadshow
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…