Association to carry out work on common areas or not to do so
Disputes arise when members believe that particular work should be carried out on the common areas and the scheme executives disagree.
In this case any member or the association can apply to the CSOS for an order that the association is or is not obliged to carry out the proposed works.
In addition, disputes may arise when the association intends to carry out particular works on the common areas and an owner believes that it should not do so. In this case an application can be made to the CSOS for an order requiring the association not to carry out the specified works.
In terms of section 39 (6) (c) of the CSOS Act, an application may be for:
“an order requiring the association-
(i) to carry out, within a specified time, specified works to or on the common areas for the use, convenience or safety of owners or occupiers; or
(ii) not to carry out specified works”
An owner or occupier might believe that the steps on a particular stairway are dangerous when wet by rain but, despite lobbying other owners and repeatedly requesting the executives to address the problem, be unable to get them to agree to do the necessary work.
Another owner may have heard that the scheme executives intend to carry out common area works:
- that she or he considers to be unnecessary or undesirable, or
- without having obtained the necessary owner approval.
In such cases the owner might approach the CSOS for an order that work-specified quotes:
- be undertaken and completed at association expense within a specified period, or
- not be undertaken.
An example of the type of order the CSOS could give is:
1. That the closed circuit television system to be installed on the Twin Peaks Homeowners Association property as proposed in the directors’ circular letter to members dated 25 October 2017 has not be authorised in terms of article 56 of its memorandum of incorporation, and
2. the directors must not proceed to install that system unless and until the requirements of the memorandum of incorporation have been complied with.
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.
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