Legal Talk: Resolving disputes in community schemes
Hosted by Pippa Hudson on CapeTalk on 17 August 2026
For more information please contact us on 061 536 3138 or email us as info@tvdmconsultants.com.
Zerlinda spoke to Pippa about common disputes in sectional title and community schemes, including neighbour noise, nuisance behaviour, tenants, rule enforcement and unpaid levies. She explains when a body corporate should get involved and how residents can use the Community Schemes Ombud Service (CSOS) when disputes cannot be resolved directly.
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Living in a sectional title complex or other community scheme can come with its share of neighbourly challenges, from excessive noise and nuisance behaviour to disputes involving tenants, body corporates and rule enforcement.
On this episode of Legal Talk, Zerlinda van der Merwe, co-founder and director of TVDM Consultants, explains what residents and body corporates can do when these disputes arise.
A key point is that the body corporate has a responsibility to become involved when an issue affects the wider scheme or multiple sections. However, disputes that are strictly between two neighbours may need to be addressed directly between the parties or through the CSOS.
Noise and nuisance complaints are a common example. Persistent noise from washing machines, furniture, parties or other activities may constitute an unreasonable nuisance. Where the problem cannot be resolved between neighbours, CSOS can assist and may issue an order requiring steps to reduce or stop the nuisance.
The discussion also covers loss of rental income, which CSOS generally cannot award as damages. Such claims may instead need to be pursued through the appropriate court, depending on the amount involved.
Zerlinda also explains that CSOS applications do not necessarily require legal representation. Residents can access information and application guidance directly from CSOS, while organisations such as TVDM Consultants also provide resources and assistance.
Importantly, CSOS orders are enforceable. An order can be made an order of court, after which it can be enforced in the same way as a court order.
Other issues discussed include the taking of photographs to document rule breaches, owners who fail to pay levies, and the importance of communication, tolerance and finding a reasonable balance between the rights of neighbours.
For residents experiencing ongoing problems in a community scheme, the message is clear:
try to resolve disputes constructively where possible,
understand your scheme's rules and responsibilities, and
make use of the appropriate dispute-resolution channels when informal discussions fail.