Obligation of Sectional Title Schemes To Use The CSOS To Resolve Their Disputes And Collect Arrears In Heathrow Property Holdings v Manhattan Place Body Corporate, the judge examined a sectional title body corporate’s obligation to take disputes to the Community Schemes Ombud Service (CSOS) for resolution, rather than to the high court. He decided that taking…
By now, you should be aware that the Sectional Titles Schemes Management Act (“the STSMA”) and the Community Schemes Ombud Service Act (“the CSOSA”) came into operation on 7 October 2016. In our consulting department, we receive many queries from home owners’ associations (“HOA’s”) as to whether the provisions of the STSMA are applicable to…
The prescribed management and conduct rules contained in Annexure 8 and 9 of the Regulations made under the Sectional Titles Act 95 of 1986 (“the Act”) need not apply in exactly the prescribed form to every new scheme. A developer has some flexibility in determining the content of the rules. The Regulations provide two circumstances…
PMR 71 sets out a procedure for the determination of disputes by arbitration in sectional title schemes. Any dispute between the body corporate and an owner, or between owners, arising out of the Sectional Titles Act or the Management Rules or the Conduct Rules can be determined by arbitration. Where an interdict or any form…
