Get Started
Amongst key challenges is balancing economic activity on one hand, while ensuring that the pandemic is kept under control. In this vein, the measures in place as announced by government right from the beginning of the Lockdown Restrictions in March 2020 have had one underlying factor, that all services and economic activity which can be executed remotely, be encouraged to do so.
Read the rest of entry »
Time and again in our work we receive questions with regards to Community Schemes and the Schemes Ombud (CSOS).
In this brief article, we will address a few of the pertinent questions that we receive from some of our clients and members of the public at large.
In the event where more than one adjudication forum has concurrent jurisdiction, the Plaintiff is of course at liberty to proceed with the forum of their choice.
For example, where there is a dispute with regards to a contract, the Court under whose jurisdiction such contract was concluded and the Court under whose jurisdiction the Defendant is domiciled, both retain jurisdiction. Under these circumstances the Plaintiff will proceed with either of the two Courts.
The Community Scheme Ombud Service (CSOS) is a creature of statute being the Community Schemes Ombud Service Act 9 of 2011 (the Act), which came into force in October 2016.
The CSOS registers and superintends over governance of community schemes which are defined in the Act as Share Block Companies, Homeowners Associations, Housing Schemes for Retired Persons, Housing Cooperatives and Sectional Titles Development Schemes.
At the centre of most disputes in community living schemes is the issue about the interpretation of and nature of the Conduct Rules. These rules can be by the Body Corporate or the Home Owners Association. Part of the responsibilities and/or jurisdiction of the Community Schemes Ombud Services (CSOS) include the vetting of Conduct Rules in as far as there is an obligation for these to be subservient to tenets of fairness, legality, and reasonableness.
Disputes in community living schemes were previously adjudicated upon by the Courts in South Africa. Among the eminent challenges with this was the fact that the motion procedure in the Courts system is usually an expensive and long one.
The Community Schemes Ombud Service (CSOS) is a creature of the Community Schemes Ombud Services Act (9 of 2011) which was promulgated to deal with disputes in community living schemes amongst its other responsibilities as a body.
Amid the government’s efforts to contain the virus whilst ensuring the economy is kept on its feet, there has been talk on whether the strict enforcement of such efforts may encroach on constitutional rights unjustifiably in a democratic society.
While it is possible for a claimant to claim directly from the Road Accident Fund on their own, using an attorney has advantages that far outweigh trying to claim on your own.
In most instances the reason why claimants choose to try and claim alone is to avoid paying substantial amounts in fees to the attorney. However, this article will attempt to weigh up the benefits of using an attorney in claiming from the Road Accident Fund as opposed to a claimant trying to claim alone.
It is not all Road Accident Fund claims that are successful, owing to shortfalls in the technical and legal aspects pertaining to the lodged claims. This happens mostly because many claimants will be lost in the excitement of anticipating a lump sum and not putting pen to paper on the important aspects and requirements that must be satisfied before lodging a claim.
The judgment in Kingshaven Homeowners Association v Botha And Others (6220/2019) (2020) ZAWCHC 92 raised a few interesting points which require a brief analysis for the benefit of Body Corporates and owners in community living schemes.
In this case the Homeowners Association (HOA) had referred a dispute to the CSOS against the Respondent who usually parked in visitor parking bays against the conduct rules.
The CSOS ruled that it had no jurisdiction to rule on parking bays as per the CSOS Act, and in passing also remarked that the HOA does not have jurisdiction over the visitor’s parking bays either.
Subscribe to our Newsletter
Estate Agent Training
Bond & Transfer Calculator
Get the latest updates in your email box automatically.
Your nickname:
Email address:
Subscribe