ARE YOUR BODY CORPORATE RULES ENFORCEABLE? HERE'S WHAT EVERY PROPERTY BUYER AND SELLER IN SOUTH AFRICA SHOULD KNOW

When buying or selling sectional title property in South Africa, it’s essential to understand the rules that govern the body corporate. These rules affect everything from pet ownership to renovations—and they are only legally enforceable if they've been approved by the Community Schemes Ombud Service (CSOS).

Whether you're a buyer wanting clarity or a seller needing to ensure compliance before listing, this guide explains what you need to know about rule amendments, approvals, and the role of CSOS.

WHAT IS THE CSOS AND WHY DOES IT MATTER?
The Community Schemes Ombud Service (CSOS) is a statutory body that oversees governance in community housing schemes, including sectional title developments. One of its key responsibilities is reviewing and approving any changes to a scheme’s rules, ensuring they are fair, lawful, and in line with the Sectional Titles Schemes Management Act (STSMA).

AMENDING BODY CORPORATE RULES: WHAT’S THE PROCESS?
Changes to body corporate rules don’t happen overnight. Here's how the process works:

• Proposal Stage: Amendments are usually proposed during a special general meeting of scheme members.
• Voting Requirement: A special resolution—requiring at least 75% of the voting rights in favour—is necessary to approve changes.
• Submission to CSOS: Once approved internally, the changes must be submitted to CSOS for review and certification.

WHAT DOES CSOS LOOK FOR WHEN REVIEWING RULES?
The CSOS evaluates amendments to ensure they:

• Apply equally and fairly to all owners.
• Are appropriate to the specific scheme.
• Comply with current laws and municipal by-laws.
• Do not contradict any of the prescribed management or conduct rules.
• Avoid outdated references from the Sectional Titles Act.
• Clearly distinguish between conduct rules (how residents behave) and management rules (how the scheme is run).

WHEN DO RULES BECOME ENFORCEABLE?
Amended rules only become enforceable once CSOS issues a Section 10 Certificate confirming approval. Without this certificate, even rules agreed upon by 100% of owners hold no legal standing.

HOW TO VERIFY IF RULES HAVE BEEN APPROVED BY CSOS
If you're considering buying or selling in a sectional title scheme, verifying the status of the rules is a smart move. Here's how:

• Check the Body Corporate's Records: Ask for a copy of the Section 10 Certificate from CSOS. This document confirms that the amended rules have been reviewed and approved.
• Review the Scheme's Notice Board: By law, schemes must display their updated rules. A copy should be posted on the body corporate notice board after CSOS approval.
• Contact CSOS Directly: Email [email protected] or call the toll-free number 0800 000 653 to check if the rules for a specific scheme are compliant.
• Visit the CSOS Website: at www.csos.org.za, you’ll find guidance on scheme compliance and contact information.

WHY THIS MATTERS FOR BUYERS AND SELLERS
For sellers, having CSOS-approved rules in place adds credibility and can speed up the transaction. Buyers are more confident when schemes are compliant.

For buyers, knowing the rules are enforceable helps avoid future disputes and ensures your rights are protected from day one.

If you're currently in a dispute or believe rules are being enforced without CSOS approval, you have the right to file a complaint with CSOS and request mediation.

CONCLUSION: DON’T OVERLOOK RULE COMPLIANCE
Body corporate rules shape the day-to-day experience of living in a sectional title scheme. But only rules approved by CSOS are legally enforceable. Whether you're buying, selling, or simply managing a unit, understanding and verifying this approval is vital.

Stay informed. Ask for the Section 10 certificate. And when in doubt, contact CSOS for clarity.

INTRO REAL ESTATE, it’s the right choice.