Homeowners, body corps now entitled to direct court access

HOMEOWNERS, corporate bodies, and residential schemes can now bypass the Community Schemes and Ombud Service (CSOS) and bring their disputes directly to the appropriate authority court following a recent ruling by the Supreme Court of Appeal in the “Summervale Lifestyle Estate” case.

- ZELDA VENTER

This is according to Johlene Wasserman, director of Community Schemes and Compliance at Sandton-based law firm VDM Incorporated.

“This decision, which has ended years of uncertainty, is critical for parties facing complex or high-value legal battles. While it doesn’t undermine the valuable role of CSOS, it does empower stakeholders to choose the forum they prefer, without any of the procedural hurdles that may previously have limited their options,” she said.

Summervale Lifestyle Estate is a retirement village for the over-50s in Gordon's Bay, Western Cape. Parch Properties 72, a company that owns several cottages on the plot next door, wanted to incorporate the units into the estate by changing the Homeowners' Association (HOA) constitution.

While some residents were in favour, the “Venter” group vigorously opposed it, arguing that the character of the estate could be altered for the worse, as the cottages could be rented to people of any age.