Community Schemes Ombud Service Act, 2011

Community schemes – CSOS Act s57 appeals limited to questions of law; adjudicator’s duty to consider relevant evidence (s50(c)). MOI amendments – requirements for special resolutions and valid voting; minutes and notice as determinative. Validity of AGM special resolution to amend MOI and Conduct Rules; board’s power to convene AGM under MOI. Vested rights – contractual rights under MOI/Conduct Rules can be altered by validly passed amendments.

Tax law; Appeals — Tax Administration Act s 133; Superior Courts Act s 16(1)(b) — special leave to SCA; jurisdiction of full court on appeals from tax court; tax courts as courts of revision vs courts of law; distinction from Lewis Stores statutory-appeal jurisprudence; costs on Scale B.

* Civil procedure – leave to appeal – section 17 Superior Courts Act – elevated threshold: reasonable prospect of success or compelling reasons required. * Sectional titles – mixed‑use schemes – special rules allocating voting rights – not per se unconstitutional or discriminatory; courts cautious about rewriting rules forming contractual arrangements among owners. * Administrative law – appeal from Ombud – factual disputes (knowledge of rules, unequal application, alleged conflicts) are not determinative on appeal on points of law.

Community Schemes Ombud Service Act — jurisdiction to adjudicate building/contractual penalties; distinction between ‘void’ and ‘invalid’ decisions (s41); section 39(1) financial issues includes penalties; procedural fairness before levying building penalties (notice and opportunity to remedy/represent); CSOS jurisdiction upheld by case law (Chapman's Bay; Stone River).

* Community Schemes Ombud Service Act s 57 – right of appeal to High Court on question of law; implied power to grant condonation for late appeals. * Sectional Titles Schemes Management Act s 3(1)(c) proviso – where conduct rules make owners responsible for maintenance of exclusive‑use areas, body corporate may not levy contributions to defray those maintenance costs. * Exclusive‑use areas – interplay between conduct rules and permissible levies. * Remedy – setting aside adjudicator’s order and directing trustees to adjust levies retrospectively; court not to fix specific levy amount.

Community Schemes Ombud Service Act – s 57 appeals – High Court power to condone late lodgement; Sectional Titles Schemes Management Act – s 3(1)(d) – additional contributions by holders of rights of extension determined via budgetary/levy process; Administrative law – unlawful delegation – adjudicator may not delegate adjudicative decision‑making to a non‑adjudicator (auditor).

Community Schemes Ombud Service Act s57 — appeal limited to questions of law; Companies Act s65(6) — effect on challenging approved resolutions; CSOS Act s39(4)(c),(e) — power to declare resolutions void/invalid or interfering with owners' rights; Misapplication of law by adjudicator warrants setting aside award.

Community Schemes Ombud Service Act — s51 investigative powers — adjudicator must obtain affidavits/interviews where facts are disputed; AGM adjournment — interpretation of Memorandum clause 6.2 on deemed retirement of directors; appellate remedy where adjudicator resolves factual disputes without hearing.

Sectional Titles — recovery of arrear levies and utility charges — tacit agreement binding unit owners to Body Corporate rules and resolutions — court authorisation to disconnect electricity for non‑payment — distinction from Joseph (procedural fairness) — Rule 42 correction of patent error.

Community schemes — s57 appeals — whether courts may condone non‑compliance with statutory 30‑day appeal period — interpretation of s57(2) and access to courts — scope of adjudicator’s powers under s39 — competence of declaratory and reasonable accommodation orders — costs and Biowatch principle.