“Surely this person cannot be our chairperson?” – a question I often get asked by students and clients alike. With so much misinformation out there, I thought it would be helpful for us to take a closer look at the facts. While the chairperson must tick some boxes (which we will look at later), it…
In the May 2022 edition of Paddocks Press I wrote an article titled ‘Four Fundamental CSOS Issues Explained’. This month I focus on a further four issues. CSOS STAFF DO NOT CHECK APPLICATIONS TO ENSURE THEY ARE VIABLE I have looked at all the published CSOS adjudicator orders and many unpublished orders. In…
By André Boersma, Paddocks Club Member Compiling, editing, distributing and approving minutes takes time. In the case of general meetings, it can take up to a year before minutes are finally approved, by which time most of the decisions have already been implemented. Often doubt exists as to what was actually said or decided and…
Community scheme stakeholders are not happy with the Community Schemes Ombud Service (“CSOS”). There is an ever-increasing number of complaints about poor service and operating practices. An example of one such criticism is Auren’s article in this edition of Paddocks Press. It is legitimate to criticise a state-owned National Public Entity such as the CSOS…
On the 23rd of June 2020, during the early stages of the National COVID-19 Lockdown, the Community Schemes Ombud Service (“CSOS”) published an amendment to the Practice Directive on Dispute Resolution, 2019 which continues to apply to this day. The amendment boiled down to doing away with the requirement of face-to-face adjudication proceedings and introduced…
AN OWNER sells a unit. The trustees know that some of the owner’s building works are not approved. These may be in an exclusive use area or on the common property. They may also be unauthorised lofts, roof decks or other alterations to the exterior of a section. Can the trustees or managing agent issue…
Two of the key subjects of disputes in sectional title schemes are funding maintenance works in the scheme and exclusive use areas. In this article, I’ll take a closer look at the spot where these two intersect – namely the funding of maintenance to be done on these exclusive use areas. If you are thinking…
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! Does a casting vote apply when there are only two trustees? Member’s question: Good day Paddocks, If a scheme only has two trustees does the chairman still have…
It has been almost six years since the Community Schemes Ombud Service Act (“the CSOS Act”) came into operation and by now it is generally understood by most stakeholders in community schemes that any person who is dissatisfied by an adjudicator’s order, may appeal to the High Court, but only on a question of law,…
Recovering money from people can certainly be challenging. It is therefore not surprising that trustees and managing agents alike prefer to add contributions and charges payable by members directly to what we in practice commonly refer to as their “levy account” or “levy statement”. One of the obvious reasons for this is that it gives…
The January 2022 edition of Paddocks Press is now available.
THE BODY CORPORATE MARSH ROSE (SECTIONAL SCHEME NUMBER: 269/2012) v ARNO STEINMULLER, THE STANDARD BANK OF SOUTH AFRICA LIMITED and HAASBROEK & BOEZAART ATTORNEYS INC. CASE NUMBER: A5002/2020 Analysis and Comments by Prof. CG van der Merwe and Graham Paddock To download this article as a PDF, click here. MAJORITY (BINDING) JUDGMENT: MATOJANE, J…
Schemes need reliable executives to work with their managing agents. People are becoming more conscious of their rights and more demanding of those who owe them duties. At the same time, society is becoming less polite. People revel in their ability to be highly assertive and initiate loud and sometimes brutal conflict at meetings, on…
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! Special needs children and resultant noise nuisance Member’s question: Good day Paddocks, We have a tenant in one of the body corporate units with an autistic child. The…
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…
