On the 7th of October 2016 the Sectional Title Schemes Management Act (8 of 2011) (“the Schemes Management Act”) and the Community Schemes Ombud Service Act (9 of 2011) (“the Ombud Service Act”) were proclaimed.

The two Acts work in conjunction to improve the regulation of Sectional Title Schemes, Share Block Schemes and Home Owners Associations among others.

Community Scheme Ombud Service Act No 9 of 2011

Many people in South Africa live in housing schemes where the use of and responsibility for land and buildings is shared.

Examples include sectional title development schemes, share block companies, home or property owners’ associations,housing schemes for retired persons (including those involving life rights) and housing co-operatives.

The Act establishes the Community Schemes Ombud Service (“the Ombud Service”) and the office of the Chief Ombud.

The Ombud Service exists to regulate, monitor and promote good governance in Community Schemes by codifying the standards of care expected of Scheme Executives and specifically by providing a complaints and dispute resolution service available to scheme members. The Ombud is empowered to grant relief not just to owners in a scheme but also to occupiers and consequently it will benefit owners/landlords as well as tenants.