Page 35 - Nexia SAB&T Property & Tax Guide 2022

The body corporate must lodge a notification of an amendment to the scheme’s Management
and/or Conduct Rules as soon as reasonably possible, with the Ombud Service – but not
later than 10 days after the date of the relevant resolution of the body corporate, and must
compile and keep a complete set of all Management and Conduct Rules. The Chief Ombud
must approve and issue a certificate for any Rules that may be substituted, added to, or
changed. The Certificate must be lodged at the Registrar of Deeds.
All other community schemes (Share Block company’s, home owner’s associations etc.)
will have their own rules, own constitutions, Memorandum of Incorporation (whichever is
applicable), however these also have to be lodged with and approved by the Chief Ombud.

RELIEF AVAILABLE FOR AGGRIEVED PERSONS
An aggrieved person who is dissatisfied with the management, or any other aspect of the
Sectional Title Scheme, may refer any dispute to the Chief Ombud in terms of the CSOSA,
or appoint an Executive Management Agent by special resolution of the body corporate, to
perform the functions and exercise the powers of the trustees, or, on the basis of serious
financial and administrative mismanagement of the body corporate, may apply to a
Magistrate’s Court for the appointment of an Administrator.
◆ refer any dispute to the Chief Ombud in terms of the CSOSA
◆ appoint an Executive Managing Agent by special resolution of the body corporate
(in terms of Regulation 28), to perform the functions and exercise the powers of
the trustees
◆ apply to a Magistrate’s Court for the appointment of an Administrator in terms
of Section 16 of the STSMA, on the basis of serious financial and administrative
mismanagement of the body corporate.
THE COMMUNITY SCHEMES OMBUD SERVICE ACT AND REGULATIONS
The CSOSA applies to “community schemes” which are defined as shared use of and
responsibility for parts of land and buildings, including but not limited to a sectional titles
development scheme, a share block company, a home or property owners’ association,
however constituted, established to administer a property development, a housing scheme
for retired persons, and a housing co-operative as contemplated in the South African
Co-operatives Act (no 14 of 2005).

GOVERNANCE AND CONTROL OF COMMUNITY SCHEMES
CSOS establishes an Ombud Service, with some of its functions being to regulate, monitor
and control the quality of all sectional title and other scheme governance documentation, to
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