In the Media

Conversations That Cross Borders — Insights, Ideas, and Impact in the Public Eye

Law expert reminds residents: You cannot bring a pet without permission in sectional title schemes

Legal expert and academic Ashwini Singh has drawn public attention to a 2021 adjudication order of the Community Schemes Ombud Service (CSOS), saying it offers valuable lessons for anyone living in a community scheme. Singh notes that the case of Wijne v Trustees of The Ridge Body Corporate shows what can go wrong when residents misunderstand the role of trustees and the limits of the Ombud’s powers. The matter arose when Durban resident Alan William Wijne, who owned a unit at The Ridge secti...

That’s not my dog’s poo: How a R250 fine sparked a fight for fairness in a Cape Town block

You can’t fine someone without evidence. That’s the clear warning from the Community Schemes Ombud Service (CSOS), following a ruling in a dispute that started with a pile of poo and ended with a powerful reminder about legal accountability in community schemes. The case involved Kobi Baribi, a Sea Point landlord who owns a unit in Victory Court, a sectional title scheme in Fish Hoek. He was slapped with a R250 fine after building management accused his tenant’s dog of soiling the common area....

Ashwini Singh

Expert advice: Avoiding legal duplication in sectional title levy recovery

Dear Conviction,

I read your article on arrears in a body corporate and have a question about the implications of pursuing a matter in both court and Community Schemes Ombud Service (CSOS) simultaneously.

My neighbour is in arrears, and the body corporate has initiated both a court case and a CSOS dispute against him at the same time. While I understand the need for the body corporate to recover outstanding levies, I believe taking the matter to court unnecessarily wastes funds when CSOS off...

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

Dear Conviction,

I purchased a property in 2010, and at the time, the monthly levy was R960. The complex was managed by a resident who also owned a unit in the complex.

Two years later, that person sold their unit, and the trustees appointed the new owner as the managing agent. Some of us objected to this decision, but unfortunately, we were outvoted—only four of us were against it.

The new managing agent then increased the levies to R1,960, stating that the reason for the increase was the...

Ashwini Singh

Law expert Ashwini Singh provides insights on claiming costs from a body corporate

Dear Conviction,

If a body corporate incurs damages of a financial nature, can I claim the costs from them? As in, if I must take the body corporate to court over their failure to follow their own rules and it is costing me money.

Ashwini Singh provides the following insight:

It really comes down to what the costs were. Before approaching a court, it is important to consult the Community Schemes Ombud Service to find out whether the issue falls within their ambit of adjudication.

If it...

Legal alert: Why duplicate community scheme disputes are rejected in South Africa

Dear Conviction,

There is a dispute in my complex involving the body corporate, and it is in court. The trustees took the same case to the Community Schemes Ombud Service, and now there are two cases about the same dispute.

I do not know much about law, but is it not redundant to have the same issue before two different legal forums? Would that not cause double the lawyer costs? What if one places rules differently from the other?

Ashwini Singh provides the following insight:

The Communi...

Navigating sectional title disputes: Choosing between ombud and court

Dear Conviction I was wondering if you could advise me on a sectional title matter. I have a dispute in my complex, and I have heard that I can escalate it to the Community Schemes Ombud Service. However, I also read that the same dispute can be taken to court. My question is: how do I know if the dispute falls under the Ombud’s jurisdiction or if it should go to court? I am asking because I understand that the Ombud does not allow legal representation. Ashwini Singh provides the following in...

Noisy neighbour running business: What are your rights in sectional title schemes?

I live in a townhouse complex in Johannesburg. I have a problem with my neighbour who runs a business that seemingly involves virtual lectures. I have no problem with this, but the issue is the noise. I can hear everything and may as well be part of his class.
On two occasions I have approached him, and he apologised, but only to do the same thing again. Do I call the police, report to the body corporate?
Ashwini Singh advises:
You would have to report the noise to the trustees of your body c...

When the law is broken: The consequences of ignoring rules in your complex

There are many unit owners who don’t follow the law; some trustees even. At my complex, there’s a trustee who gave himself permission to keep a dog (we are a no pets area). But no one wants to do anything because he a doctor.

Ashwini Singh Advises:

If the dog is affecting you (ie it keeps entering your section/Exclusive Use Area), then you can approach the Community Schemes Ombud Service for an order against the owner prohibiting the dog from entering your section or Exclusive Use Area. If...

Ashwini Singh

First Ever TEDx Youth @ ACS Abu Dhabi

Abu Dhabi’s youth is active, exciting, and inspiring as evidenced by the first TEDxYouth event held recently at the American Community School of Abu Dhabi (ACS). Organized by high school students Dina Shriem (Palestinian) and Dennis Hilgendorf (American), and adviser Lane Graciano, the theme of the event was “tell us a story,” featuring 10 presenters: three students and seven teachers. Teachers’ topics included reasons to read classic literature and questioning the meaning of education. But the...