Whether you are a Property Manager, Rental Agent, small business, or a listed company, we provide tailored solutions for your property disputes. At A de Bruyn Attorneys, we prioritise guiding and assisting our clients through alternative dispute resolution methods, such as mediation and arbitration, to resolve property disputes efficiently and amicably. However, if these approaches do not yield a satisfactory outcome, we are fully prepared to proceed with litigation to protect your interests and achieve the best possible resolution.
Property disputes are multifaceted and vary depending on jurisdiction, involving a combination of statutory law, common law, and regulations specific to property disputes. We offer comprehensive advice and guidance on the appropriate procedures to follow in compliance with the Consumer Protection Act, the Rental Housing Act, the Prevention of Illegal Evictions and Unlawful Occupation of Land Act, the Extension of Security of Tenure Act, and all other relevant legislation.
Property disputes generally involve anyone with an interest in the property in question, including:
- Builders and Developers
- Property Owners
- Neighbours
- Tenants
- Landlords
- Community Schemes
- Body Corporates
- Homeowners Association’s
- Government and Municipalities
The consequences of unresolved disputes are strained relationships among neighbours. It can further result in construction delays, access issues, and changes in the neighbourhood landscape, affecting residents’ quality of life. Landlord-tenant disputes can lead to instability, with potential concerns about lease agreements, property maintenance, and relocation.
Community Scheme Ombud
As the demand for apartments, townhouses, and other multi-unit properties continues to grow, it has become crucial to grasp the regulations that govern sectional titles. Communal living and sectional title arrangements in South Africa represent distinctive forms of property ownership designed to accommodate the diverse housing needs of residents. Communal living typically involves shared spaces and amenities among multiple households within a community, fostering a sense of togetherness. In contrast, sectional title arrangements offer individual ownership of a specific section within a larger property, such as an apartment or townhouse, accompanied by shared ownership of common areas.
Living in a community scheme in South Africa can be rewarding, but it also comes with its share of challenges. Disputes between homeowners and community schemes can arise, and when they do, it’s crucial to have a mechanism in place to resolve them fairly and efficiently. This is where the Community Schemes Ombud Service (CSOS) comes in. The CSOS, established under the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act), regulates the conduct of parties within community schemes. Its primary aim is to promote harmonious community schemes by providing regulation, education, and accessible dispute resolution services to all relevant stakeholders.
Typical disputes in sectional titles and communal living involves levy issues. Arguments about the kind, quantity, or application of levies are major sources of conflict, with some owners disputing the fairness of their levies or addressing unpaid debts.
Breaches of the scheme’s rules, whether intentional or due to ignorance, can lead to conflicts, such as unauthorised renovations or noise complaints. Furthermore, misunderstandings or disagreements about the rights and responsibilities associated with exclusive use areas and the maintenance of shared spaces or individual units, particularly over the allocation of costs, can cause financial strain and create the need for a method to resolve conflict. Lastly behavioural issues like personal disagreements, nuisances, or anti-social behaviour can also create a problem.
Specific problems are:
- Shared Spaces: Allocation and use of parking spaces.
Scheduling and reservation of communal areas like party rooms, gyms, or laundry facilities. Additionally, maintenance and landscaping of shared gardens or outdoor spaces.
- Finances: The calculation and fairness of monthly levies or assessments.
Delays or disagreements in the approval of the annual budget.
Special assessments for unexpected expenses or major repairs.
- Noise: Complaints about excessive noise levels, especially during specific hours.
Use of musical instruments, home entertainment systems, or loud machinery.
Enforcement of noise-related rules and regulations.
- Other Conflicts: Pet ownership, including types of pets allowed, noise caused by pets, or issues with pet waste.
Alterations or renovations to individual units without proper approval.
Enforcement of conduct rules related to cleanliness, garbage disposal, or behaviour in shared spaces.
Rental Housing Tribunal
The Rental Housing Tribunal is a decision-making body comprising of five members appointed by the government, each with expertise in housing. Its primary purpose is to provide dispute resolution services to tenants and landlords in South Africa, ensuring disputes are resolved fairly, efficiently, and cost-effectively. The Rental Housing Tribunal plays a vital role in promoting good governance and resolving disputes in rental properties in South Africa. By offering cost-effective, fair, and impartial dispute resolution services, it helps tenants and landlords resolve conflicts quickly and efficiently.
The types of complaints that can be lodged with the Rental Housing Tribunal include:
- Unacceptable living conditions, such as overcrowding or hygiene issues.
- Insufficient maintenance or repairs of a property.
- Non-payment of rent or non-refunding of deposits.
- Property damage.
- Unlawful eviction or service disconnection without a court order.
- Discrimination by a landlord.
- Non-compliance with the Rental Housing Act.
- Failure to issue receipts or statements for payments.
Dealing with property disputes can be quite complex and stressful, but you don’t have to face it alone. At A de Bruyn Attorneys, we understand the intricacies of property law and are dedicated to providing personalised, effective legal solutions. Whether through mediation, arbitration, or litigation, our goal is to resolve your disputes in the most efficient and amicable manner possible. We are committed to upholding your rights and ensuring that justice is served, allowing you to focus on what truly matters. Trust A de Bruyn Attorneys to be your steadfast partner in all property-related legal matters.
Contact us today to learn how we can assist you in achieving a fair and favourable resolution.