A landmark directive was signed into law on July 18, 2025, regarding the governance of community schemes across South Africa. This sweeping reform impacts sectional title rules, homeowners' association regulations, retirement villages, and other shared-property arrangements, bringing clarity to everyday issues like pets, fines, and domestic workers.
For years, the regulatory framework for community schemes lacked cohesion, leaving residents and trustees uncertain about their rights and obligations. The Community Schemes Ombud Service (CSOS), established under the CSOS Act 9 of 2011, provided a centralized mechanism for dispute resolution and oversight. However, enforcement was inconsistent, leading to confusion and frustration among stakeholders. This new directive strengthens the CSOS mandate, aligning it more closely with the Sectional Titles Schemes Management Act and providing a stronger legal foundation for governance in complexes and estates.
Schemes can no longer enforce blanket bans on pets. Instead, pet rules in sectional title schemes must be reasonable, transparent, and open to appeal. Trustees must consider factors like the animal's size, temperament, and potential impact on communal living. Residents refused permission to keep pets now have a formal process to challenge these decisions through CSOS. This shift toward more inclusive and compassionate pet policies aims to balance individual freedoms with the needs of the community.
The directive requires that fines follow a formal disciplinary process. Residents must be notified of alleged infractions, given the opportunity to be heard, and provided with written reasons for any penalties. Arbitrary or excessive fines are not permissible, and CSOS has the authority to overturn any that are found to be unfair. This emphasis on due process ensures that residents are treated fairly and that trustees are held accountable for their actions.
Rules that unreasonably restrict domestic workers' access are prohibited. Schemes may not require daily registration or impose unreasonable restrictions on movement within the property. Security measures must balance constitutional and labour rights, recognizing the importance of domestic workers in maintaining the well-being of residents. This provision promotes dignity and respect for domestic workers, acknowledging their vital role in community schemes.
Trustees must revise scheme rules to comply with the new directive. This includes ensuring that all sectional title rules and homeowners' association regulations are filed with CSOS and meet legislative requirements. Trustees' duties now extend to monitoring compliance, managing disputes, and keeping residents informed. Managing agents should update operational procedures and educate residents on the new rules, facilitating a smooth transition to the revised governance framework.
The directive grants CSOS enhanced powers to audit schemes, investigate complaints, and issue binding orders. Non-compliance can result in administrative penalties or a requirement to amend rules. Public education initiatives and trustee training sessions are expected to follow, helping stakeholders adapt to the revised governance standards. This increased focus on enforcement and education will promote a culture of compliance and cooperation within community schemes.
PropertyTime: Your Trusted Real Estate Partner
At PropertyTime, we specialize in guiding residents and trustees through the complexities of sectional title rules and homeowners' association regulations. Our expertise ensures compliance with the Sectional Titles Schemes Management Act and CSOS requirements, covering pet rules, fines, domestic worker access, and trustee duties. With our assistance, you can navigate the changing landscape of community scheme governance with confidence.
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