CARMEL RICKARD: Sectional title strife

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Bodies corporate should think twice before taking a matter to court rather than to the community schemes ombud — it could cost them dearly

A dispute about damp in one of the units of a sectional title complex has provided the opportunity for a high court warning to bodies corporate and their legal representatives: it’s quicker, cheaper and more efficient to use the community schemes ombud to sort out your problems — the alternative could be a punitive costs order.

The dispute concerns a sectional title scheme in Parow, in the Western Cape, where damp marks appeared on the ceiling of a flat. Unit 101, just above, was inspected and no leaks were found. But in January 2021, the owner of the downstairs flat complained that the damp problem hadn’t gone away...

 

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