Statutory obligations of schemes

The Sectional Titles Schemes Management Act 8 of 2011 and the Community Schemes Ombud Service Act 9 of 2011 have changed the landscape of community scheme management. The important areas that are dealt with in these statutes are the following:

  • Registration of schemes with the Ombud Service (30 days from 7/10/2016);
  • Monthly levies to be paid to the Ombud by every unit (90 days from 7/10/2016);
  • Annual returns to be filed by every scheme;
  • Prescribed management and conduct rules;
  • Specified amounts to be held in reserve funds;
  • Audited financial statements;
  • Maintenance plan drawn and lodged annually;
  • Dispute resolution procedures;
  • Voting rights and resolutions;
  • Duties and liability of managing agents;
  • Insurance compliance
  • Fidelity insurance;
  • Clearance certificates;
  • Penalties and interest.