Community Schemes Ombud Service Act 2011 Archives

Access denial provision: Public policy issues?

by GilesFiles | Jan 30, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Discharging investigatory function: Conduct rules?

by GilesFiles | Nov 22, 2022 | 2020 onwards, Applications, BC and HOAs, BC Conduct, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

CSOS costs immunity: Lack of legal interest

by GilesFiles | Jun 17, 2022 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics, Uniform HC | 0 |

CSOS v Stonehurst Mountain Estate Owners Association Apart from unlawful, grossly negligent or bad faith does CSOS enjoy immunity from costs orders? “[20] It is clear from s 37(1) of the Act that the chief ombud, an ombud,...

Trustees instituting action: Must use Ombud service

by GilesFiles | May 26, 2022 | 2020 onwards, Applications, BC and HOAs, BC Manage, Causes and defences, Community schemes, Costs, Courts, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Just and equitable, Legal Practice, Legislation, Orders, Parties, Sectors, Statutory, Topics, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Invalid unlawful provision: Clause violated rights?

by GilesFiles | Mar 8, 2022 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Dignity equality freedom, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Special pleas, Topics, Uniform HC | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Adjudication statutory appeal: Claim outside jurisdiction

by GilesFiles | Jul 16, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, Delict, Disallowed, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, Topics | 0 |

Prag NO v Trustees: Mitchell’s Plain Industrial Enterprises STSBC Adjudication statutory appeal considered by high court and confirmed that the ‘object of the CSOS Act is to provide a mechanism for the informal,...

Appealing adjudicator order: Management rules interpreted

by GilesFiles | Jun 1, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, General, High Court, High Court judges, Insights, Interpretation etc, Judges, Legal Practice, Management, Orders, Parties, Policies - all, Regulations, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Conduct rule considered: HC lacks jurisdiction

by GilesFiles | Jun 1, 2021 | Applications, BC and HOAs, BC Conduct, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutory, Topics | 0 |

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate May parties ‘forum-shop’ to resolve disputes in community housing schemes and consider a conduct rule, more particularly when there is a statutory...

Conduct rule disputed: Bypassing Ombud?

by GilesFiles | Jun 1, 2021 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, Statutory, Topics, Urgency | 0 |

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate In considering a disputed conduct rule the high court decided that in ‘each instance a litigant will have to make out good cause for why a dispute which...

Repaying amounts deducted: Conduct rules examined

by GilesFiles | Sep 10, 2020 | 2020 onwards, A G Binns-Ward, Appeals, Appeals - leave, BC and HOAs, BC Conduct, Causes and defences, Community schemes, Courts, General, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Rapallo Body Corporate v Dhlamini NO In the context of repaying amounts deducted the High Court decided that rule 7.2, which requires that a section-owner who obtains approval to undertake renovations, alterations or...

Double-barrelled approach: Appeal and review

by GilesFiles | Sep 4, 2020 | 2020 onwards, A G Binns-Ward, Appeals, BC and HOAs, BC Conduct, Common law, Community schemes, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

Adjusting levies considered: Exclusive use of gardens

by GilesFiles | Mar 6, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, DN Unterhalter, High Court, High Court judges, Judges, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: Community Schemes Ombud Service Act 2011