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 PublicContinue Reading

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 theContinue Reading

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 useContinue 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! Does a casting vote apply when there are only two trustees? Member’s question: Good day Paddocks, If a scheme only has two trusteesContinue Reading

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 onlyContinue Reading

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 forContinue Reading

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.Continue Reading

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 sometimesContinue 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! Special needs children and resultant noise nuisance Member’s question: Good day Paddocks, We have a tenant in one of the body corporate unitsContinue Reading

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 highContinue Reading

Bodies corporate are required to hold an annual general meeting within four months of the end of each financial year, which is the last day of September for sectional title schemes established under the Sectional Titles Schemes Management Act. Therefore, during the next couple of months, many owners will beContinue 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! Installation of air conditioner on outside wall Member’s question: Good day Paddocks, If an owner wants to install an air conditioner on theContinue 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! Liability of managing agents where trustees have ignored recommendations Member’s question: Good day Paddocks, If, over a period of many years, a managingContinue Reading

This article aims to provide information to owners and residents of community schemes who are bothered by ‘second-hand smoke’ that drifts from another dwelling or an open area into their private area and causes them distress. If this is an issue that concerns you, there are several things you shouldContinue Reading

How much does it cost, per square meter, to paint a 10 storey building? What is the expected life of a lift? What is the annual erosion rate of a sand dune situated beneath a boundary wall? How do you determine the structural integrity of a building foundation? How muchContinue Reading

Sectional title legislation contains a couple of head-scratchers and the subject matter of this article is a prime example of one. Let’s look into this question in a bit more detail: We know that, as the owner of a section in a sectional title scheme, you are responsible for theContinue Reading

WHEN A TWELVE-STORY TOWER PARTIALLY COLLAPSED in Surfside, Florida, community schemes throughout the world took note. Shoddy building works, poor municipal supervision, insufficient maintenance, serious storms and the board’s refusal to raise special levies to fund repairs did not just result in arguments and legal action—these conditions cost lives. 36Continue Reading

Originally published on www.theadvisory.co.za Einstein famously said: “the only source of knowledge is experience” and while I have the greatest respect for the historical figure, I have to respectfully disagree with him on this one. My reason for doing so? I have witnessed experience alone to be the achilles heelContinue 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! Does the POPI Act apply to the presentation of the levy roll? Member’s question: Good day Paddocks, Please can you advise with theContinue Reading

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

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! How can trustees collect rental income from a tenant if the owner has overdue levies? Member’s question: Good day Paddocks, We have anContinue 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