The advent of the Sectional Titles Schemes Management Act and the Community Schemes Ombud Services Act in 2016 ensured that all persons residing in Community Schemes have a voice. Prior to the introduction of these laws, the focus was often only on the rights of owners however Tenants may also now approach the CSOS for dispute resolution and apply for various prayers of relief as contained in Section 39 of the CSOS Act.

The CSOS would be approached to consider various matters where disputes arose and remain unresolved between the parties involved.
Most disputes arise due to a resident’s (either an owner or tenant) inappropriate behaviour or as a result of non-compliance with the rules of a scheme.

Rules are put in place to create and foster harmony in Community Schemes.
The approach by the CSOS is to have rules in schemes that are respectful and considerate. The CSOS wants rules that have less of “Thou shalt not do that” and more of “please do not do that”. Rules MUST have a dispute resolution process included to ensure that when there is conflict between parties, that the first step is to try and resolve the conflict amicably. Rules MAY have a fine system and a fining schedule must then be included but a fine may not be introduced as a first step in the process and to apply for an enforcement order of a fine without a
an attempt to try and resolve the issue first, is rarely successful. Behaviour that is unbecoming or inappropriate in a Community Scheme will result in conflict, but it is how to handle and resolve this conflict which is crucial to the success of any Community Scheme.

We are very proud of the fact that we have recently been appointed to the Community Schemes Ombud Services (CSOS) panel of Executive Managing Agents. This means that members of a Sectional Title Community Scheme may approach the CSOS to recommend a member on the panel as an Executive Managing Agent. We have already been appointed as the Executive Managing Agents for over 20 Sectional Title Community Schemes and we even have the privilege of managing a Full Title Homeowners Association that amended their Constitution to allow for the appointment of an Executive Managing Agent for their scheme.

What does this have to do with “Appropriate behaviour in Community Schemes” as the title of this article indicates?
The thing is, managing a Community Scheme, any Community Scheme, whether it is Full Title, Sectional Title, Residential or Commercial or even a Mixed-use Scheme requires a professional and skilled approach. We are often required to resolve conflict between neighbours or between a resident and the Community Scheme and that is where our Company Core Values play a huge role:
•   We are honest and trustworthy
•   We listen and hear you
•   We are compassionate and caring
•   We serve and support

Community Scheme-living or ownership requires mutual respect, tolerance and understanding and consideration of each other and when any of these requirements fail, then conflict and disharmony will follow and when this happens it requires a certain skill to address and resolve the dispute.

Arthur Botha
CEO