Greetings Paddocks Press Fan!

In this month's edition of Paddocks Press, Professor Graham Paddock looks at two specific South African case sudies and what we can learn from them, and Jennifer Paddock answers the question: Does CSOS have jurisidiction over developer disputes?

We also want to let you know that we are presenting our last courses for 2024 -- it is your final opportunity to upskill with us this year. Whilst all three online courses started on the 7th October, we are keeping registration open until tomorrow at 5pm (Friday 11th October). 

And lastly, a reminder that we have handbooks to help you in your personal or professional capacity. This month we focus on the Sectional Title Meeting Handbook. Find out more below.

Let us know if you have any queries, and have a look around our site for resources and opportunities to grow in all areas of community scheme management.

The Paddocks Team

PADDOCKS SHEDS LIGHT ON CURRENT ISSUES

What happens when CSOSA Section 39(4)(d) and STSMA section 6(9) Overlap? In this article Professor Graham Paddock analyses the case of Zybutz v Body Corporate of Helianthus and Others, which was an appeal against a CSOS Adjudicator's order. Zybutz appealed to the Western Cape High Court on the basis of an error of law after the adjudicator dismissed his application for alterations to his section and surrounding common property due to lack of jurisdiction.   Read the article here.

Does CSOS have jurisdiction over developer disputes? The Community Scheme Ombud Service was established under the Community Schemes Ombud Service Act of 2011 to offer an impartial, transparent alternative for resolving administrative disputes within community schemes. It appears to be accepted that the CSOS does not have jurisdiction over developers, but is this correct? This article argues the necessity of CSOS’s involvement in cases concerning developers and presents reasons supporting this assertion.  Read the article here.

When harassment is not a nuisance In the recent High Court case of M.M. v Kiewiet the court dealt with the important issue of jurisdiction in disputes involving harassment between residents of a community scheme. The case highlights the appropriate application of the Protection from Harassment Act, but it also deserves further comment concerning the definition of a "dispute" under the Community Scheme Ombud Service Act and the concept of "nuisance" within a property law context. Read the article here.

LAST CHANCE TO SIGN UP - BY FRIDAY 11TH OCTOBER 5PM

Our online courses are first class opportunities to increase your skill in the area of community scheme management. But, don't take our word for it - hear what our Paddocks Course Participants from our most recent presentations say:

"Very impressive course; in an age of A.I so many service providers are losing the human touch. It’s a breath of fresh air to have direct human involvement (the coaching calls, the video tutorials etc). Well done Paddocks team." Jody Flanagan (Sectional Title Scheme Manager)

"Thanks alot for facilitating this course. having been through the process of establishing and running a sucessful 'start up' and now to be part of running a business with a Community Schemes management division, I found the course content to be very relevant. Alot of what was covered validated what we are doing but also provided plenty of tips of what could be done differently and better." Teresa Hamilton (Start and Manage a Managing Agency)

More information on Paddocks Courses here

SECTIONAL TITLE MEETINGS HANDBOOK

This handbook is an easy-to-use guide for chairpersons, trustees, owners, managing agents, developers and other role players who want to empower themselves with the knowledge of how to call, conduct and manage sectional title meetings properly. It integrates the requirements of the Sectional Titles Schemes Management Act, the prescribed management rules and the common law so as to provide readers with a comprehensive overview of the laws and rules applicable to sectional title meetings. Take this book into sectional title meetings to ensure procedures are followed correctly and to use as a reference guide in cases where the meeting hits a procedural roadblock.

Buy your Sectional Title Meetings Handbook here

GOT AN ISSUE?

We’re here to help. Visit paddocks.co.za and checkout our articles and resources, or email info@paddocks.co.za and one of our team will get back to you. 

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