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 toContinue Reading

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 aContinue Reading

Leave a Reply Your email address will not be published. Required fields are marked * I have read and accepted the Terms & Conditions * Save my name, email, and website in this browser for the next time I comment. Source: https://www.paddocks.co.za/paddocks-press-newsletter/paddocks-press-may-2021/Continue Reading

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 schemeContinue Reading

Leave a Reply Your email address will not be published. Required fields are marked * I have read and accepted the Terms & Conditions * Save my name, email, and website in this browser for the next time I comment. Source: https://www.paddocks.co.za/paddocks-press-newsletter/paddocks-press-march-2021/Continue Reading

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 haveContinue Reading

Leave a Reply Your email address will not be published. Required fields are marked * I have read and accepted the Terms & Conditions * Save my name, email, and website in this browser for the next time I comment. Source: https://www.paddocks.co.za/paddocks-press-newsletter/paddocks-press-february-2021/Continue Reading

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 textContinue Reading

Leave a Reply Your email address will not be published. Required fields are marked * I have read and accepted the Terms & Conditions * Save my name, email, and website in this browser for the next time I comment. Source: https://www.paddocks.co.za/paddocks-press-newsletter/paddocks-press-november-2020/Continue Reading

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 toContinue Reading

Leave a Reply Your email address will not be published. Required fields are marked * I have read and accepted the Terms & Conditions * Save my name, email, and website in this browser for the next time I comment. Source: https://www.paddocks.co.za/paddocks-press-newsletter/paddocks-press-october-2020/Continue Reading

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 manyContinue Reading

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,  whichContinue Reading

Leave a Reply Your email address will not be published. Required fields are marked * I have read and accepted the Terms & Conditions * Save my name, email, and website in this browser for the next time I comment. Source: https://www.paddocks.co.za/paddocks-press-newsletter/paddocks-press-june-2020/Continue Reading

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 ofContinue Reading

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 itsContinue Reading