It is understood that the two new laws have been signed by the President and will come into operation on 1 October 2016.
- Sectional Titles Schemes Management Act 8 of 2011 (STSM Act)
- Community Schemes Ombud Service Act 9 of 2011 (CSOS Act)
The two new Acts significantly change the law regulating scheme management and bring the Community Schemes Ombud Service (CSOS) into operation to resolve scheme administration disputes.
A community scheme is where the use and responsibility for parts of land and buildings is shared, including:
- sectional titles development schemes;
- share block companies;
- home or property owners associations;
- housing schemes for retired persons; and
- housing co-operatives.
If you are in a community scheme you may apply to the CSOS if you are materially affected by a dispute.
The President’s Proclamations 54 and 55 of 2016 appeared in Government Gazette, No. 40334 today.
STAATSKOERANT, 7 OKTOBER 2016 No. 40334 23
PROCLAMATION NO. 54 OF 2016
BY THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
COMMENCEMENT OF THE SECTIONAL TITLES SCHEMES MANAGEMENT ACT, 2011 (ACT NO. 8 OF 2011)
In terms of section 22 of the Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011), I hereby determine that the Act shall come into operation on the date of publication in the Government Gazette.
STAATSKOERANT, 7 OKTOBER 2016 No. 40334 25
PROCLAMATION NO. 55 OF 2016
PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
COMMENCEMENT OF THE COMMUNITY SCHEMES OMBUD SERVICE ACT, 2011 (ACT NO. 9 OF 2011)
In terms of section 60 of the Community Schemes Ombud Service Act, 2011 (Act No 9 of 2011), I hereby determine that the Act shall come into operation on the date of publication in the Government Gazette.
8. These Regulations are called the Sectional Titles Schemes
Management Regulations, 2016 and will come into operation on the date of
publication in the Government Gazette.
SECTIONAL TITLES SCHEMES MANAGEMENT ACT (8/2011):
SECTIONAL TITLES SCHEMES MANAGEMENT REGULATIONS
Gazette Number 40335
Notice Number 1231
Regulation Gazette Number 10649
Gazette Date 2016-10-07
In terms of Act 8 2011
Notice Type Government Notices
Department DEPARTMENT OF HUMAN SETTLEMENTS
NO. R. 1231
07 OCTOBER 2016
SECTIONAL TITLES SCHEMES MANAGEMENT ACT, 2011 (Act No 8 of 2011)
SECTIONAL TITLES SCHEMES MANAGEMENT REGULATIONS
I, Lindiwe Nonceba Sisulu, the Minister of Human Settlements, hereby in terms of section 19 of the Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011), and after consultation with Parliament, make the Regulations as set out in the Schedule hereto.
(Signed)
Lindiwe Nonceba Sisulu
Minister of Human Settlements
SCHEDULE
ARRANGEMENT OF SECTIONAL TITLES SCHEMES MANAGEMENT REGULATIONS
1. Definitions
2. Minimum amounts for reserve funds
3. Other risks to be insured against
4. Powers of a provisional curator ad litem and curator ad litem
5. Notifications
6. Rules
7. Broadly representative nature of Advisory Council
8. Short title and effective date
Annexure 1 Management rules
Annexure 2 Conduct rules
Annexure 3 Forms
Form A Notification of change of body corporate address
Form B Notification of amendment of rules
Form C Notification, appointment of proxy and acceptance of mandate
Notice Title
COMMUNITY SCHEMES OMBUD SERVICE ACT (9/2011): COMMUNITY SCHEMES OMBUD SERVICE REGULATIONS: LEVIES AND FEES
Gazette Number 40335
Notice Number 1232
Regulation Gazette Number 10649
Gazette Date 2016-10-07
In terms of Act 9 2011
Notice Type Government Notices
DEPARTMENT OF HUMAN SETTLEMENTS
DEPARTMENT OF HUMAN SETTLEMENTS
NO. R. 1232
07 OCTOBER 2016
COMMUNITY SCHEMES OMBUD SERVICE ACT, 2011 (Act No. 9 of 2011)
COMMUNITY SCHEMES OMBUD SERVICE REGULATIONS: LEVIES AND FEES
In terms of Section 29()(b),(c),(d) and (e), it is hereby published for general notice that as of date of proclamation of this notice, the Community Schemes Ombud Service, will charge levies and fees as set out in the schedule herein
(Signed)
Lindiwe Nonceba Sisulu, MP
Minister of Human Settlements
SCHEDULE
ARRANGEMENT OF REGULATIONS
CHAPTER 1 INTERPRETATION
CHAPTER 2 LEVIES AND FEES PAYABLE
2. Levies payable by a schemes to the Service in terms of section 29(1)(b) of the Act.
3. Application, Adjudication and other fees payable for the use of the Service in terms of section 29(1)(d) of the Act.
CHAPTER 3 DISCOUNT AND WAIVERS
4. Discounts and waivers in terms of section 29(1)(c) and (e) of the Act.
5. Short Title
COMMUNITY SCHEMES OMBUD SERVICE ACT (9/2011):
REGULATIONS ON COMMUNITY SCHEMES OMBUD SERVICE
Gazette Number 40335
Notice Number 1233
Regulation Gazette Number 10649
Gazette Date 2016-10-07
In terms of Act 9 2011
Government Notices
DEPARTMENT OF HUMAN SETTLEMENTS
NO. R. 1233
07 OCTOBER 2016
COMMUNITY SCHEMES OMBUD SERVICE ACT, 2011 (ACT NO. 9 OF 2011)
REGULATIONS ON COMMUNITY SCHEMES OMBUD SERVICE
I, Lindiwe Nonceba Sisulu, MP, the Minister of Human Settlements, hereby in terms of section 29 of the Community Schemes Ombud Service Act, 2011 (Act No. 9 of 2011), and after consultation with the Community Schemes Ombud Service Board and after approval by Parliament, makes the Regulations as set out in the Schedule hereto.
(Signed)
Lindiwe Nonceba Sisulu, MP
Minister of Human Settlements
SCHEDULE ARRANGEMENT OF REGULATIONS