Requiring removal of items illegally attached

It is not unusual for owners and occupiers to attach things to private areas and parts of common areas without obtaining permission.

In terms of section 39 (2) (d) of the CSOS Act, an application may be for:

“an order for the removal of all articles placed on or attached illegally to parts of a common area or a private area”

Unauthorised installation of satellite reception dishes on common areas, with associated wiring.

Installation of awnings, gates and other items without association permission.

An example of the type of order the CSOS could give is:

Mrs. Sophia Jacobs must at her own expense remove the wiring, cabling and antennae from the roof of building 5 in the Kromboom Heights scheme within 10 days and repair all damage done to the common property. This order takes effect immediately.

If you would like to see the whole of the Community Schemes Ombud Service Act, 9 of 2011, including the full text of chapter 3 that covers applications, you can access this from Paddocks’ resource library.

Do you have concerns about your matter, need assistance completing your application, or want a sectional title Consultant to review your application before submission? Have a look at the Paddocks’ Consulting page.

For general help on the CSOS, including the special meanings of the words and phrases “association”, “common area”,  “dispute”, “executive committee”, “owner”,  and “scheme governance documentation” see the CSOS Information page.

Needing other assistance? Have a look at our Paddocks assistance page, which includes the helpful application guide explanation, for more information.

Would you like to make an application for this type of order?

If this is the correct order for your issue, the next step would be to make an application.

You can capture your application information online here, or download the form to complete offline later.

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