When good fences don’t make good neighbours

THERE’S a new sheriff in town and, like the proverbial broom, he’s already sweeping clean.

Advocate Boyce Mkhize is the head honcho of the Community Scheme Ombud Service (CSOS), “a national public entity established in terms of the CSOS Act No. 9 of 2011, which was instituted in 2016 as an alternative dispute resolution body designed to resolve administrative disputes in all types of community schemes”.

If you live in a block of flats or apartment, you may be familiar with the unpleasant living experience of sharing your space with horrible neighbours or a bully of a body corporate.

The CSOS acknowledges that “grievances abound in shared living spaces. Neighbours are inconsiderate, trustees are authoritarian, rules are unreasonable, managing agents are incompetent … you name it”.

The grievances range in gravity from what should have been a small matter of a barking Chihuahua, but landed up in a high court, to murder in Moreleta Park, reportedly about a dispute over a wall.

This is where Mkhize’s outfit comes in. The CSOS is an institution of the National Department of Human Settlements, governed by a board of directors who are appointed by the minister.

In terms of the CSOS Act, the term “community scheme” refers to any scheme or arrangement where there is shared use of and responsibility for parts of land and buildings including:

♦ Sectional titles development schemes

♦ Share-block companies

♦ Home or property owners’ associations

♦ Housing schemes for retired persons

♦ Housing co-operatives.

Mkhize took office in April this year for a 5-year term.

He points out that they assist with all shared living arrangements, sectional title disputes included.

Ask anyone why they moved out of a block of flats, chances are they will cite an unfriendly neighbour as the reason.

Other than the building caretaker, who is more often than not partisan, the frustrated tenant finds that they have no recourse to complain higher up.

Many of the grievances are around finances – highly exorbitant levies charged. Is it the duty of your office to regulate levies?

“No. Different schemes determine their own levies according to the needs of the scheme,” Mkhize says.

What about such daily clashes as music played at high volume, fights between residents and their offspring? Does the CSOS get involved?

“One can refer to the conduct rules of their body corporates but if they have exhausted all internal avenues, they can then lodge a complaint with us.”

The body corporates act like a law unto themselves. Do you whip them back into line if they stray and act out of the law?

Mkhize says: “Owners must first exhaust internal avenues, which includes looking at management rules. They are entitled to participation quota, and request a special general meeting with the trustees.

“If there is no agreement with trustees after that special meeting, they can lodge a dispute with the CSOS.”

Asked if their services are free, Mkhize says “registering a community scheme is free, conciliation is R50 and adjudication is R100”.