Legal Talk: Governance processes and the CSOS
Hosted by Pippa Hudson on CapeTalk on 20 September 2026
For more information please contact us on 061 536 3138 or email us as info@tvdmconsultants.com.
Zerlinda spoke to Pippa about common legal and governance issues in sectional title and community schemes, including:
Annual General Meetings (“AGMs”),
levy collection,
reserve funds,
trustee responsibilities, and
nuisance complaints.
Zerlinda explains the importance of following the correct governance processes and how owners can use the Community Schemes Ombud Service (CSOS) when issues cannot be resolved within the scheme.
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Community scheme questions answered on CapeTalk Legal Talk
Zerlinda van der Merwe, co-founder and director of TVDM Consultants, recently joined Pippa Hudson on CapeTalk’s Legal Talk to discuss a range of common legal and governance issues affecting owners and trustees in community schemes.
The discussion covered several practical questions, including:
AGMs: When an AGM must be held, what needs to be dealt with at the meeting, and the timeframes for distributing minutes and levy information afterwards.
Delayed AGMs and minutes: What owners can do if an AGM has not been held within the required period or if they have not received the minutes from the previous meeting, including the role of the CSOS.
Reserve funds and maintenance: Whether maintenance contributions can be ring-fenced for individual units and how reserve funds and maintenance, repair and replacement plans operate within a sectional title scheme.
Levy collection and debt collection fees: Who is responsible for debt collection charges, when these costs can be recovered from an owner, and the importance of the body corporate’s rules and management agreement.
Trustee responsibilities: The interests trustees are required to act in, including their fiduciary responsibilities and the powers and limitations imposed by the Sectional Titles Schemes Management Act 8 of 2011 (STSMA”) and the scheme’s rules.
Noise and nuisance: How community scheme rules apply to nuisance issues, including a question about roosters causing noise during the early hours of the morning.
The conversation highlighted the importance of understanding the applicable legislation, scheme rules and governance processes when dealing with disputes or concerns in a community scheme.
Listen to the full Legal Talk discussion to hear Zerlinda’s practical guidance on these and other community scheme questions.