Common property use during lockdown

There has been, and remains to this day, uncertainty around the use of the common property in community schemes during the nationwide lockdown.

To summarize, all community schemes, this includes sectional title schemes and homeowners associations, are subject to, inter alia, the directives issued by the Community Schemes Ombud Service (CSOS), and, in summary, CSOS has directed that all community schemes must adhere to the regulations issued by the South African Government, from time to time.

Therefore, regardless of whether a schemes’ registered rules or constitution or memorandum of incorporation, or even its trustees or directors, states anything to the contrary, all persons using the common property, are subject to the prevailing regulations.

Neither the managing agents nor the trustees and or directors of the scheme may make discretionary decisions that contradict the prevailing regulations, nor may owners, tenants, visitors and or service providers.