Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

The rapid rail system that changed how Gauteng moves people every day

March 7, 2026

Why marriage disputes and legal costs are surging in South Africa

March 6, 2026

Prostasan advert promising relief from frequent urination and hot flushes fails the test

March 6, 2026
Facebook X (Twitter) Instagram
Trending
  • The rapid rail system that changed how Gauteng moves people every day
  • Why marriage disputes and legal costs are surging in South Africa
  • Prostasan advert promising relief from frequent urination and hot flushes fails the test
  • Correct and fair legal representation protects workers in labour disputes
  • Body corporate failed to act as family endured sewer smells and cockroach infestation
  • Give women a voice in AI to gain a truly gender equal workplace for all
  • Court admits land justice movements as friends of the court in Expropriation Act challenge
  • Woman repeatedly returns to hospital after doctors miss chronic pain diagnosis
Facebook X (Twitter) Instagram
ConvictionConviction
Demo
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Between a rock and a foul-smelling place
Opinion

Between a rock and a foul-smelling place

Ashwini SinghBy Ashwini SinghNovember 27, 2024Updated:December 5, 20246 Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

Ashwini Singh

A precarious predicament unfolded in a Durban sectional title scheme recently. Absurdly, a rock was found in the complex’s sewer system, causing a major pipe blockage.

But here is where the real problem arose: a unit owner prevented plumbers from attending to the sewer system by not giving them access to the manhole in his unit where the rock was stuck. Insofar as the complex is concerned, can such selfish actions of a unit owner be entertained in a sectional title scheme setting?

In actuality, the prevention of essential maintenance in a complex is a contravention of South African sectional title law. In particular, Subsection 13(1)(a) of the Sectional Titles Schemes Management Act explicitly states that an owner must give access to his unit for the maintenance by authorised body corporate contractors.

Where an owner refuses to grant access to his unit for body corporate maintenance, said owner can find himself being ordered by the Community Schemes Ombud Service to provide access in terms of Subsection 39(6) of the Act.

So in such a situation, if a unit owner finds himself between a rock and a foul-smelling place, the wise (and legal) move would be to get rid of the rock.

Singh is a Law Academic.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Ashwini Singh

    Singh is a law academic and affiliate of the Association of Certified Fraud Examiners, South Africa.

    Related Posts

    Give women a voice in AI to gain a truly gender equal workplace for all

    March 5, 2026

    ‘We fought hard with our might as best as we could… It’s unfortunate’

    March 4, 2026

    Budget 2026: Fiscal turning point or managed illusion for South Africa?

    March 3, 2026

    6 Comments

    1. Deborah Jane on January 12, 2025 9:35 pm

      So true. There are many unit owners who don’t follow the law…some trustees even. At my complex, there’s a trustee who gave himself permission to keep a dog! We are no pets. But no one wants to do anything because he a doctor.

      Reply
      • Ashwini Singh on January 12, 2025 10:02 pm

        If the dog is affecting you (i.e. it keeps entering your section/Exclusive Use Area), then you can approach the CSOS for an order against the owner prohibiting the dog from entering your section or EUA. If the CSOS order is granted and the dog persists in entering your section/EUA, that will result in the owner being held in contempt of the court once enforced. Ideally, the other trustees should have taken action against the offending trustee by removing him from office and seeking an order for the dog’s removal from the scheme via the CSOS. At the end of the day, trustees have a fiduciary obligation to the body corporate they serve, and should not be deviating from their duties.

        Reply
    2. Kyle Maharaj on January 13, 2025 3:38 pm

      I have a leaking roof and the trustees are refusing to fix it. I told them it was common property. They still said I had to fix it myself because it is attached to my section and within my eua. Insurance rejected the job because they said it is the body corporate’s job. Can CSOS help?

      Reply
      • Ashwini Singh on January 13, 2025 11:52 pm

        Typically, the roof of a unit in a sectional title scheme is Common Property. It would be best to confirm this by checking your section’s sectional plans as registered in the Deeds Office. Once you have confirmed that your roof is CP, you can approach the CSOS for an order against the body corporate compelling them to fix your CP roof as it is a body corporate’s duty to maintain all CP. Bearing in mind that in CSOS applications of that nature, expert opinion and reports can help the adjudicator make an informed ruling.

        Reply
    3. Pumi Mkhize on January 13, 2025 6:19 pm

      Good day, I would like to ask about maintenace of gardens on common property?
      I have a neihgbour who insists that he owns a garden that is part of the common property.
      The plans show that the garden is on the common property.

      Reply
    4. Ashwini Singh on January 13, 2025 11:56 pm

      If the registered EUA plans for the scheme indicate that it is CP, then your neighbour has no right to claim the exclusive use (or ownership) of the garden on the CP. As it is CP, it is the maintenance responsibility of your body corporate. If your neighbour would like to have the garden converted to an EUA, he must make an application to your body corporate for permission to have it converted to an EUA, to which your body corporate can only approve on a unanimous resolution.

      Reply
    Leave A Reply Cancel Reply

    Prove your humanity: 6   +   4   =  

    Subscribe to our newsletter:
    Top Posts

    Making sectional title rules that work: A practical guide

    January 17, 2025

    Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

    December 31, 2024

    Between a rock and a foul-smelling place

    November 27, 2024

    Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

    June 2, 2025
    Don't Miss
    Special Reports
    7 Mins Read

    The rapid rail system that changed how Gauteng moves people every day

    By Kennedy MudzuliMarch 7, 20267 Mins Read

    The Gautrain rapid rail system transformed how people move across Gauteng, linking key economic centres and reshaping daily commuting since 2010.

    Why marriage disputes and legal costs are surging in South Africa

    March 6, 2026

    Prostasan advert promising relief from frequent urination and hot flushes fails the test

    March 6, 2026

    Correct and fair legal representation protects workers in labour disputes

    March 6, 2026
    Stay In Touch
    • Facebook
    • Twitter
    • WhatsApp
    Demo
    About Us
    About Us

    Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

    Facebook X (Twitter) WhatsApp
    Our Picks

    The rapid rail system that changed how Gauteng moves people every day

    March 7, 2026

    Why marriage disputes and legal costs are surging in South Africa

    March 6, 2026

    Prostasan advert promising relief from frequent urination and hot flushes fails the test

    March 6, 2026
    Most Popular

    Making sectional title rules that work: A practical guide

    January 17, 2025

    Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

    December 31, 2024

    Between a rock and a foul-smelling place

    November 27, 2024
    © 2026 Conviction.
    • Home
    • Law & Justice
    • Special Reports
    • Opinion
    • Ask The Expert
    • Get In Touch

    Type above and press Enter to search. Press Esc to cancel.