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:

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
Getting to know MP, Dr Makhosi Khoza

Getting to know MP, Dr Makhosi Khoza

Dr Khoza is admired by South Africans for her role in the SABC inquiry as a ANC member of parliament.

10 sexting tips on how to keep things spicy (and safe)

10 sexting tips on how to keep things spicy (and safe)

Interested in sexting but worried about the risks? Dr Eve has created a guideline to help you 'sext' in a fun and responsible way.

It's not the end of the road... Top tips to improve your matric

It's not the end of the road... Top tips to improve your matric

"Recognise that it’s not the end, it’s the beginning." Expert advise for school-leavers who want to improve their results.

Gospel singer Sipho Makhabane explains how Sfiso Ncwane died

Gospel singer Sipho Makhabane explains how Sfiso Ncwane died

Makhabane says Ncwane was feeling weak yesterday and his wife phoned paramedics to check on him.

Who is Advocate Tembeka Ngcukaitobi?

Who is Advocate Tembeka Ngcukaitobi?

The EFF lawyer stole the show during the state capture report court battle.

Meet the founder of Capitec Bank, named ‘Best Bank on Earth and Cheapest in SA’

Meet the founder of Capitec Bank, named ‘Best Bank on Earth and Cheapest in SA’

Michiel le Roux speaks about the fascinating story behind the little bank that has the Big 4 shaking in their boots.

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?