The property landscape in South Africa continues to evolve, with many homeowners now choosing to live in sectional title schemes or estates managed by Homeowners’ Associations (HOAs). While these developments offer numerous benefits—security, shared amenities, and community living—they also come with complex legal frameworks that require proper understanding and management. That’s where A de Bruyn Attorneys comes in.
Understanding Sectional Titles
Sectional title ownership means owning a unit (such as an apartment or townhouse) within a larger property scheme. Each owner has exclusive ownership of their unit and shared ownership of the common property, such as stairwells, gardens, and driveways.
Understanding Homeowners’ Associations
Unlike sectional titles, HOAs manage freehold properties within a gated or lifestyle estate. Property owners still own their individual plots but are bound by the HOA’s constitution and rules.
Common Legal Challenges in Community Schemes
• Unfair or unenforceable conduct rules
• Disputes over levies or special contributions
• Non-compliance with scheme governance documentation
• Problems with enforcement of penalties or fines
• Poorly drafted or outdated constitutions and management rules
These issues, if left unresolved, can create tension among owners and jeopardise the integrity of the scheme.
How A de Bruyn Attorneys Can Assist
At A de Bruyn Attorneys, we offer tailored legal support to developers, trustees, managing agents, and homeowners within both Sectional Title Schemes and HOAs.
1. Review and Drafting of Legal Documentation
We assist in reviewing existing constitutions, conduct rules, management rules, and service agreements. Where necessary, we draft compliant and enforceable documents tailored to the specific needs of the scheme.
2. Establishment of Community Schemes
Our team supports developers and stakeholders in legally establishing sectional title schemes or HOAs, ensuring registration and documentation meet all statutory requirements.
3. Dispute Resolution
We act on behalf of schemes, trustees, managing agents, or individual owners in resolving disputes through negotiation, mediation, or formal proceedings before the Community Schemes Ombud Service (CSOS).
4. Levy Collection and Arrear Recovery
We advise on the lawful recovery of levies and manage legal processes to recover arrears, in compliance with both property and debt collection legislation.
5. Compliance with the Information Regulator
We assist with ensuring compliance with the Protection of Personal Information Act (POPIA), which applies to trustees, managing agents, and any party handling personal information within the scheme.
6. General Property Law Advisory
Our team provides legal guidance on all matters relating to community living and property ownership, including zoning compliance, servitudes, title conditions, and municipal disputes.
Why Work With Us?
At A de Bruyn Attorneys, we believe that a well-managed community scheme fosters harmony and property value. Our team combines legal expertise, practical experience, and a hands-on approach to assist our clients in maintaining legally sound and efficiently run schemes.
Whether you’re a trustee navigating a tricky legal dispute or a developer setting up a new estate, we’re here to help you build a community with confidence.