Legal Talk: How the upcoming holidays impact community schemes in South Africa
Hosted by Pippa Hudson, CapeTalk on 10 November 2025
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In this Legal Talk segment, Pippa speaks to Zerlinda about key issues facing sectional title and community schemes during the holiday season, from arrear levies and parking disputes to CSOS rules and safety measures.
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Today’s discussion focused on common legal and practical challenges faced by community schemes over the festive season.
As the holidays approach, issues such as short-term letting, parking congestion, noise complaints, and the overuse of shared facilities often surface. Zerlinda highlighted the importance of having clear and enforceable scheme rules, especially around the use of common property like swimming pools, clubhouses, and parking areas. She also advised that, where possible, bodies corporate consider hiring lifeguards during peak times to improve safety and reduce liability.
The discussion then turned to parking disputes and ownership, where Zerlinda explained how misunderstandings about exclusive use areas and common property can lead to conflict. She encouraged owners to verify parking rights in sectional plans and scheme rules before purchasing or leasing property.
Listeners also raised questions about arrear levies, payment flexibility, and unfair estate rules. Zerlinda clarified trustees’ duties in levy collection, noting that bodies corporate rely solely on levies for income and must act promptly on arrears. She also addressed the legality of clearance certificates and payment deadlines, encouraging both trustees and owners to apply reasonableness and communication when difficulties arise.
Finally, Zerlinda touched on unreasonable or restrictive rules within estates, explaining how practice directives from CSOS aim to prevent “undesirable rules” in community schemes. She noted that while homeowners’ associations aren’t directly bound by these directives, they may still be guided by them in dispute resolution.