Browsing: community schemes

The High Court dismissed an urgent interdict bid and authorised the demolition of an unlawful estate wall, with costs and enforcement powers granted to the homeowners association

The High Court in Durban clarified when body corporate approval is required for renovations, ruling that trustees cannot block work that falls outside the scope of conduct rules.

South Africa’s community schemes sector has grown to about 70,000 complexes and estates, but nearly half remain unregistered with the Community Schemes Ombud Service.

The Supreme Court of Appeal has ruled that a body corporate must reasonably accommodate a visually impaired homeowner after it tried to force him to remove a washing machine from a shared outdoor area, finding that stripping away the safety measures infringed his dignity and equality rights.

The Community Schemes Ombud Service has dismissed fraud and mismanagement allegations at a Gauteng residential estate after applicants failed to provide independent evidence, confirming that audited finances and governance processes complied with the law.

Trustees and directors can no longer rely on informal practices after the appeal court confirmed the Ombud’s power to overturn unfair levies and governance decisions.

Routine decisions by community scheme trustees and homeowners’ association directors are increasingly being declared unlawful by South Africa’s courts, exposing schemes to serious financial risk and personal liability. Legal scrutiny has intensified to the point where ignorance of governance law is no longer a defence, with preventative governance now emerging as essential risk management rather than optional compliance.

Gauteng High Court rules sectional title owners must accept all settlement conditions. Johlene Wasserman explains why this strengthens fairness and dispute resolution in community schemes.

Property lawyers are warning that many sectional title schemes are relying on informal exclusive use arrangements that carry no legal force, exposing owners, trustees and buyers to growing risk.

Residents in estates and complexes will be able to lodge disputes online from January 2026 as CSOS moves community scheme dispute resolution onto a fully digital platform.