The Community Scheme Ombud Service Act, 9 of 2011 (“the CSOS Act”) defines a “community scheme” or “scheme” to mean:

“any scheme or arrangement in terms of which there is shared use of and responsibility for parts of land and buildings, including but not limited to:

• a sectional titles development scheme,
• a share block company,
• a home or property owner’s association, however constituted, established to administer a property development,
• a housing scheme for retired persons, and
• a housing co-operative as contemplated in the South African Co-operatives Act, 14 of 2005″

The Sectional Titles Act, No. 95 of 1986, provides the legal framework for dividing buildings into sections and common property, and for the ownership and management of these sections and common property in South Africa. It outlines procedures for creating sectional title schemes, including land surveying, plan preparation, and registration. The Act also establishes bodies corporate to manage common property and outlines the rights and responsibilities of owners and trustees. 

In South African community schemes, the keeping of animals is primarily governed  by the Sectional Titles Schemes Management Act 8 of 2011 and its associated Prescribed Conduct Rules (PCRs). These regulations require owners or occupiers to obtain written consent from the trustees before keeping any animal on the common property or within their section. While consent cannot be unreasonably withheld, trustees can consider factors like the pet’s size, breed, noise levels, and potential impact on other residents. In addition, municipal by-laws and the Animals Protection Act may also apply. 

Graham Paddock, who was a UCT adjunct professor and the government’s lead legal consultant on Sectional Titles and Community Schemes legislation, explains the Nature and Scope of Body Corporate Rules: SECTIONAL TITLE BODY CORPORATE RULES

Necessity of an Ombudsman

An ombudsman is necessary to provide an independent and impartial avenue for resolving complaints against organizations and government bodies, especially when individuals feel their concerns have not been addressed through internal processes. They act as a check on power, ensuring accountability and fairness, particularly in situations where there might be a conflict of interest within the organization being complained about.

Here’s why an ombudsman is a crucial part of a fair and just system:

• Ombudsmen offer an external perspective, investigating complaints from an impartial position, unlike internal mechanisms that might be biased or lack the necessary resources.
• They safeguard individual rights by investigating allegations of maladministration, abuse of power, or unfair practices by organizations.
• Ombudsmen facilitate conflict resolution through advice, mediation, and investigation, aiming to find fair and just solutions for all parties involved.
• They provide a free and often more efficient alternative to legal proceedings, particularly for those who may not have the financial means to pursue court action.
• The presence of an ombudsman promotes accountability within organizations and encourages them to take responsibility for their actions.
• They act as a crucial link between individuals and organizations, especially when there is a breakdown in communication or trust.
• Ombudsmen play a vital role in preventing the abuse of power by investigating complaints against those in positions of authority.
• By investigating complaints and publishing reports, ombudsmen help to increase transparency and accountability within organizations.
• Ombudsmen provide a mechanism for individuals to seek redress for grievances, ensuring that their concerns are heard and addressed, even if they don’t have the resources to pursue legal action.

With this in mind, the CSOS (Community Schemes Ombud Service) was established in terms of the Community Schemes Ombud Service Act, 2011 (Act No 9 of 2011) to regulate the conduct of parties within community schemes.  Their Mission, as stated on their website, is to “promote harmonious community schemes by providing regulation, education and accessible dispute resolution services to all relevant stakeholders”.

Other Legislation that may be relevant

The Animals Protection Act (Act No. 71 of 1962) is South African legislation aimed at preventing cruelty to animals. It outlines prohibited acts of cruelty and specifies who is considered an owner, holding them accountable for an animal’s suffering. The Act also covers various aspects of animal welfare, including the keeping of animals, and has been amended to address specific issues like cosmetic testing. 

Local By-laws, the purpose of which is to provide for measures for managing and protecting the interests of residents and animals, by exercising control over the numbers and kinds of animals that may be kept, as well as the conditions under which such animals may be kept, sheltered and cared for, and to provide for the prevention of possible nuisances, loss, damage or disease that could be caused through the keeping of such animals.