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…
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…