Sectional title ombud office efficacy questioned

Over the last couple of days, Cape Talk's John Maytham has received a steady stream of correspondence regarding the ‘sectional title ombud’ (community schemes ombud).

The general gist is that people are contributing towards this entity every month but it seems rather toothless in dealing with issues that arise in these schemes.

Community Schemes Ombud Service of South Africa deals with complaints from residents of communally owned properties, including sectional title schemes and homeowners’ associations.

Residents can complain if they believe their complexes are being mismanaged or if they have a dispute with another resident. The levy charged pays for these disputes and the legal costs.

André Nortjé, Attorney at Schoeman Law, says the ombud for sectional title is a newly established office.

The funding mechanism that keeps the office running is determined by the body corporate of each community scheme of sectional titles.

The community scheme ombuds services do have a registration process in place where every sectional title can register for that.

André Nortjé, Attorney at Schoeman Law

Also: Ombud explains sectional title levy and what it's used for

In terms of deducting the levy, its a negligible amount, I think it's capped at R40 a month.

André Nortjé, Attorney at Schoeman Law

Nortjé adds that the legislation is well drafted to retain the public's confidence in the ombuds.

The types of disputes the sectional title ombuds can adjudicate are, for example, damage caused by one unit to a neighbouring unit by water leakage, determining which unit is responsible for the damage.

(It deals with) factual disputes rather than disputes based on the law which need to be taken to the courts.

André Nortjé, Attorney at Schoeman Law

Listen to the audio below for more:


Recommended

by NEWSROOM AI
Read More
Ombud explains sectional title levy and what it's used for

Ombud explains sectional title levy and what it's used for

Chief Ombudsman, Themba Mthwethwa, explains the need for the Community Schemes Ombud Service levy.

Sectional title property owner? There’s an Ombud to help you resolve disputes

Sectional title property owner? There’s an Ombud to help you resolve disputes

The Money Show's Bruce Whitfield interviews the sectional title ombudsman and a specialist sectional title attorney.

What are the rights of a tenant when facing a sale of the rented property?

What are the rights of a tenant when facing a sale of the rented property?

What happens if the property owner decides to sell before the tenant's lease comes to an end? What are the rights of that tenant?

5 trends that are changing the shape of residential property in South Africa

5 trends that are changing the shape of residential property in South Africa

Freestanding or sectional title? CBD or suburb? Swimming pool or solar panels? The nature of residential property is changing.

The legal rights of sectional title owners and body corporates

The legal rights of sectional title owners and body corporates

Specialist Attorney in sectional titles Marina Constas unpacks several concerns and cases related to body corporates and trustees.

Popular articles
From Cape to Cairo: 80-year-old Julia travels to Egypt using 20-year-old car

From Cape to Cairo: 80-year-old Julia travels to Egypt using 20-year-old car

‘It took approximately 4 – 5 months because I had to make some stops on the way for repairs.' - Julia Albu, the African Conquest

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Bruce Whitfield interviews La Grange about her and Madiba's attitude to money (hopes and fears, successes and failures, etc.)

How to make money through ‘buy-to-let’ (using very little of your own money)

How to make money through ‘buy-to-let’ (using very little of your own money)

Bruce Whitfield interviews Francois Janse van Rensburg, author of “Making Money through Buy-To-Let in South Africa".

Retirement: 8 biggest mistakes people typically make…

Retirement: 8 biggest mistakes people typically make…

The Money Show’s Bruce Whitfield interviews Galileo Capital Financial Advisor Warren Ingram.

MTN Walk The Talk with 702: Get your entries in and be part of a united Joburg!

MTN Walk The Talk with 702: Get your entries in and be part of a united Joburg!

Join Joburgers from all walks of life come together peacefully, united in their diversity for a fun family day out.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?