Thought of the Week

EASIER DISPUTE RESOLUTION IN SECTIONAL SCHEMES

For too long owners in sectional title schemes and housing estates governed by property owners association rules had difficulty in resolving disputes with their governing association, largely due to the existing Sectional Titles Act or specific Property Owners Association Rules not providing adequately on how disputes had to be resolved.

The Community Schemes Ombud Services Act, set to come into effect shortly, establishes an Ombud to assist in the resolution of disputes in community schemes i.e. sectional title schemes, shareblock companies, housing schemes for retired persons or schemes with a property owners association.

Any owner or tenant in a community scheme, or the association that manages the scheme, may approach the Ombud regarding a dispute relating to the administration of the scheme and which has a bearing on financial issues, behavioural issues, scheme governance issues, meetings, management services or work pertaining to private and common areas.

The lodging of a dispute is a simple process initiated by referring a written complaint to the Ombud’s office.

For more detail on this topic, read our 2 earlier articles here.
The dispute resolution process
Time periods for lodging disputes with the Ombud service

If you need legal advice on the resolution of a sectional scheme dispute, contact one of our property professionals at info@stbb.co.za.