Sectional Title Disputes in South Africa

Sectional title ownership means you own a section (such as a flat or townhouse) and share ownership of the common property with other owners. The scheme is run by a body corporate, made up of all the owners. Disputes are common, and South African law provides a dedicated, affordable way to resolve them.

The body corporate and its rules

The Sectional Titles Schemes Management Act 8 of 2011 (STSMA) governs how schemes are managed. The body corporate must maintain the common property, raise levies, and enforce the management and conduct rules. Trustees, elected by owners, handle day-to-day management.

Common disputes

• Non-payment of levies and special levies.
• Noise, pets, parking and other conduct-rule breaches.
• Disagreements over maintenance and repairs to common property.
• Disputes about trustee decisions or the running of meetings.

The Community Schemes Ombud Service

The Community Schemes Ombud Service (CSOS), established under the Community Schemes Ombud Service Act 9 of 2011, provides a low-cost forum to resolve disputes in community schemes without going to court. You lodge an application, pay a modest fee, and the matter is referred to conciliation and, if needed, adjudication. An adjudicator’s order has the same effect as a court order and can be enforced.

When to go to court

Most day-to-day disputes are best taken to CSOS. However, some matters — such as complex legal questions or urgent interdicts — may still require the High Court. An adjudicator’s decision can also be taken on appeal to the High Court on a question of law.

Understanding your scheme’s registered rules and the STSMA is the best starting point in any dispute. Keeping written records of communications with trustees and the managing agent will strengthen your position if the matter goes to CSOS.