Body corporate failed to act as family endured sewer smells and cockroach infestation

• A Durban family endured months of sewer smells and cockroach infestation after a blocked pipe beneath their home, despite repeated complaints to the body corporate.
• The Community Schemes Ombud Service ruled that The Ridge Body Corporate failed in its legal duty to maintain common property and ordered it to unblock the pipe within seven days.
• The adjudicator also ordered the body corporate to pay the homeowner up to R4 000 in costs due to their lack of urgent action.

A Durban homeowner turned to the Community Schemes Ombud Service (CSOS) after a blocked sewer pipe beneath his unit left his family living with sewer smells and a cockroach infestation for months.

The dispute involved Chevren Singh, owner of a unit at The Ridge in Westridge, Durban. The Trustees of The Ridge Body Corporate, represented by managing agent Taryn Brown of Trafalgar Property Management, were the respondents. The Ridge is a sectional title scheme constituted under Section 2 of the Sectional Titles Schemes Management Act.

Singh submitted his application to the CSOS in August 2024, explaining that the body corporate’s sewer pipe running beneath his unit had become blocked. He described the months-long ordeal his family endured.

“My family is being subjected to clogged manholes, foul sewerage smells, and a cockroach infestation,” Singh wrote in his submission. Plumbers confirmed that a large stone was blocking the pipe, but attempts to remove it failed. “Nothing has been done since,” Singh told the adjudicator. “The Respondent has been unresponsive.”

In their final written submissions, the Trustees did not dispute that repairs were needed. “Attempts made at repairs have been unsuccessful,” they stated. “Further methods to remove the blockage will be pursued.” However, they failed to provide a clear timeframe for the work.

The application was served on the respondent on 3 December 2024, and after no initial response, the matter was referred directly to adjudication. Both parties submitted their final written arguments, and the adjudication was conducted by K Mabaso on 10 February 2026.

Legal duty to maintain common property

Mabaso made it clear that the law requires the body corporate to take care of all common property. “It is the responsibility of the Body Corporate to maintain all common property,” Mabaso wrote, quoting Section 3(1)(l) of the Sectional Titles Schemes Management Act. Mabaso also cited Section 3(1)(r), which “emphasises the responsibility to maintain and repair pipes of the common property.”

Mabaso did not accept the body corporate’s delay. “The Respondent does not deny its responsibilities. It merely postpones the performance thereof to an indefinite future date,” the adjudicator wrote. “The conduct of the Respondent is unreasonable and unacceptable in circumstances where the affected pipe runs underneath a Unit.”

Mabaso also pointed out the consequences for the family. “Foul sewerage odour permeates the Applicant’s Unit, and there is evidence of a cockroach infestation directly as a result of the blocked sewer pipe.”

Referencing established legal precedent, Mabaso wrote, “The Respondent failed in its duty to take reasonable steps to guard against harm to the Applicant’s family.”

Mabaso was clear about the severity of the situation. “This situation is a health hazard to the Applicant and his family and cannot be casually postponed to a future date without even tendering an explanation why this job is not being done.”

Body corporate ordered to fix pipe and pay costs

The adjudication order, signed on 4 March 2026, granted Singh’s application and directed the Trustees of The Ridge Body Corporate to unblock the sewer pipe within seven days of the order being served. “This order shall take effect immediately on the date on which it is served on the parties electronically.”

Mabaso also ordered the body corporate to pay Singh’s costs relating to the application up to a maximum of R4 000, under Section 54(d) of the CSOS Act. An enforcement notice was issued to ensure compliance.

Any party dissatisfied with the order has the right to appeal to the High Court within 30 days, but only on a question of law. Parties may also apply to the High Court to stay the operation of the order while an appeal is considered.

Conviction.co.za

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