If your neighbours are a nuisance, have loads of parties and are making your life a living hell - don't despair, there is the law on your side.
Last month the Sectional Title Scheme Management Act and the Community Schemes Ombud Service Act came into effect.
The advantage for sectional title property owners and tenants is they will finally have access to an independent ombudsman to appeal to in the case of a dispute, and for free.
The ombudsman hears a variety of cases that ranges from rogue trustees, nepotism, maladministration, behavioural issues, and approval of improvements or alterations on common and private area issues.
One of the cases that the ombudsman, Themba Mthethwa, has heard, is that of a loud snoring neighbour who lived adjacent to the complainant.
The complainant alleged there was hardly a day that went by without the loud noise from her snoring neighbour.
It was only at the weekends when she could get about five to six hours sleep.
The complainant reported the matter to the security of the complex, to no avail.
Mthethwa said he arranged a conciliation session with both parties and an amicable settlement was reached between them.
The snoring neighbour agreed to swap bedrooms with their children on a temporary basis, pending her seeking medical attention.
Mthethwa said the movement of bedroom was on a trial basis pending the acceptability of the situation by her fiancé and provided it does not cause strain in their relationship.
The other case heard by Mthethwa is that of a sectional title owner who filed an application for dispute resolution regarding allegations of nepotism, corruption and financial mismanagement by the trustees and managing agents of the estate.
This complainant was one of the eight trustees and was vocal in challenging issues of the estate.
The other seven trustees and the managing agents tried to have him removed as a trustee and even called a special general meeting for this purpose, but were not successful.
With the intervention of the ombudsman, various meetings and discussions were held between the applicant and the managing agents, and they agreed that a special general meeting will be held to address issues raised.
The affected trustee was later retained as a trustee by the body corporate. The body corporate elected six owners to review findings and evidence.
Ombuds to help solve neighbours' disputes
If your neighbours are a nuisance, have loads of parties and are making your life a living hell - don't despair, there is the law on your side.
Last month the Sectional Title Scheme Management Act and the Community Schemes Ombud Service Act came into effect.
The advantage for sectional title property owners and tenants is they will finally have access to an independent ombudsman to appeal to in the case of a dispute, and for free.
The ombudsman hears a variety of cases that ranges from rogue trustees, nepotism, maladministration, behavioural issues, and approval of improvements or alterations on common and private area issues.
One of the cases that the ombudsman, Themba Mthethwa, has heard, is that of a loud snoring neighbour who lived adjacent to the complainant.
The complainant alleged there was hardly a day that went by without the loud noise from her snoring neighbour.
It was only at the weekends when she could get about five to six hours sleep.
The complainant reported the matter to the security of the complex, to no avail.
Mthethwa said he arranged a conciliation session with both parties and an amicable settlement was reached between them.
The snoring neighbour agreed to swap bedrooms with their children on a temporary basis, pending her seeking medical attention.
Mthethwa said the movement of bedroom was on a trial basis pending the acceptability of the situation by her fiancé and provided it does not cause strain in their relationship.
The other case heard by Mthethwa is that of a sectional title owner who filed an application for dispute resolution regarding allegations of nepotism, corruption and financial mismanagement by the trustees and managing agents of the estate.
This complainant was one of the eight trustees and was vocal in challenging issues of the estate.
The other seven trustees and the managing agents tried to have him removed as a trustee and even called a special general meeting for this purpose, but were not successful.
With the intervention of the ombudsman, various meetings and discussions were held between the applicant and the managing agents, and they agreed that a special general meeting will be held to address issues raised.
The affected trustee was later retained as a trustee by the body corporate. The body corporate elected six owners to review findings and evidence.
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