What to Do If Your Body Corporate is Acting Unfairly in South Africa in 2025

In South Africa, sectional title property owners often find themselves in disputes with their body corporate over issues like levies, maintenance, rule enforcement, and financial transparency. Understanding owners' rights against body corporate is crucial in ensuring fair treatment and compliance with sectional title laws.

This article explores owners' legal rights, the responsibilities of a body corporate, and the role of the Community Schemes Ombud Service (CSOS) in resolving disputes.

Understanding Body Corporate in South Africa

A body corporate is the legal entity that manages and controls sectional title schemes, consisting of all unit owners. Its responsibilities include:

• Maintaining common property

• Enforcing rules and regulations

• Managing levy collections

• Keeping financial records

However, owners also have specific rights that protect them against unfair treatment by the body corporate.

Key Owners' Rights Against Body Corporate

1. Right to Access Financial Records

Sectional title owners have the right to request and review financial statements, levy expenditures, and budgets. The body corporate must maintain transparent financial records and provide these to owners upon request.

2. Right to Challenge Unfair Levies

Levies must be calculated fairly based on participation quotas. Owners can challenge excessive or miscalculated levies by requesting an explanation from trustees or taking the matter to CSOS.

3. Right to Vote in Decision-Making

Owners have voting rights at general meetings, where decisions about budgets, special levies, and property rules are made. The body corporate cannot enforce major decisions without approval from owners.

4. Right to Fair Rule Enforcement

Body corporates must enforce sectional title rules fairly. Owners can dispute unreasonable rules or penalties that violate the Sectional Titles Schemes Management Act.

5. Right to Hold Trustees Accountable

Trustees manage the body corporate’s affairs. Owners can question their actions, demand accountability, and even call for their removal if they are acting outside their mandate.

Common Disputes Between Owners and Body Corporate

Levy Disputes

• Unfair levy increases

• Special levies without proper approval

• Misuse of levy funds

Maintenance and Repairs

• Failure to maintain common property

• Unjustified maintenance charges imposed on owners

Rule Enforcement Issues

• Selective enforcement of rules

• Unreasonable fines imposed on owners

How to Resolve Disputes with Body Corporate

1. Engage with the Trustees

Start by raising your concerns with the body corporate trustees. A formal written request may be required.

2. Request a General Meeting

If the issue affects multiple owners, request a general meeting to discuss and vote on resolutions.

3. File a Complaint with CSOS

If no resolution is reached, owners can escalate the matter to the Community Schemes Ombud Service (CSOS), which handles disputes related to sectional title schemes.

Can a Body Corporate Disconnect Your Electricity?

Somebody corporates threaten to disconnect electricity for unpaid levies. However, this is illegal. Only courts and municipalities can disconnect electricity due to unpaid accounts.

Owners facing unlawful disconnections can file a complaint with CSOS or the courts.

FAQs About Body Corporate in South Africa

What is the role of the Community Schemes Ombud Service (CSOS)?

CSOS resolves disputes between sectional title owners and body corporates, offering mediation and legal enforcement.

Can an owner refuse to pay levies?

No, all owners must pay levies. However, owners can challenge unfair levy increases or mismanagement.

How can an owner remove a trustee?

Owners can call a special general meeting and vote for the removal of trustees if they are not fulfilling their duties.

What should I do if my body corporate is acting outside its power?

If a body corporate fails to fulfill its responsibilities or acts beyond its authority, you can submit a written dispute within 14 days. If the issue remains unresolved, arbitration may be required.

Can I request financial records from the body corporate?

Yes, body corporates are required to keep financial statements, budgets, and legal documents. Owners can request access in writing without providing a reason. However, the body corporate may charge a reasonable fee for these records.

How can I hold trustees accountable for poor management?

If trustees are negligent or fail to take action on critical issues, owners can demand corrective action from the body corporate. In extreme cases, they can consider removing negligent trustees.

Can I remove the chairperson of the body corporate?

Yes, owners have the right to remove the chairperson by following the Special General Meeting (SGM) process.

What if the trustees ignore disputes or complaints?

If disputes remain unresolved after discussions with the trustees, you may need to escalate the matter to arbitration or seek legal intervention.

How can I prevent financial strain in my sectional title scheme?

Owners can help prevent financial strain by ensuring effective budgeting and contributing to an emergency fund for unexpected expenses.

Does the body corporate have the right to refuse my record request?

No, body corporates must maintain and allow access to meeting minutes, budgets, legal contracts, and financial statements. They cannot deny a written request but may charge a small administrative fee.

Can I challenge excessive body corporate levies?

Yes, if you believe levies are unreasonable or mismanaged, you can request financial records to review spending. If necessary, you can submit a dispute or escalate the matter through legal channels.

What steps should I take if my body corporate misuses funds?

Owners can demand an audit of financial statements, hold the trustees accountable, and remove negligent trustees if misuse is confirmed.

What legal rights do owners have when facing unfair decisions by the body corporate?

Owners can use the dispute resolution process, request access to records, and escalate disputes through arbitration or legal action if the body corporate makes unfair or unlawful decisions.

Conclusion

Understanding owners' rights against body corporate is essential in protecting your property interests. Whether it's levy disputes, unfair rule enforcement, or financial transparency issues, owners have legal avenues to challenge unfair practices.

At Jonker Vorster Attorneys, we help sectional title owners navigate body corporate disputes and protect their rights. Contact us today for expert legal advice.