In Durban’s The Ridge Body Corporate, trustees’ refusal to permit a homeowner to install a sliding gate in her exclusive use garden area has been overturned by the Community Schemes Ombud Service (CSOS) adjudicator.
Cherven Singh’s successful application highlights ongoing tensions in sectional title schemes where security concerns clash with body corporate rules.The adjudicator found the trustees’ resolutions did not follow proper procedure under the Sectional Titles Schemes Management Act, declaring them void. Singh had previously installed a gate that was removed following a high court order, and later reapplied amid alleged trespass incidents by a trustee. A protection order was granted against the trustee and visitors for repeated trespass in her garden. Trustees argued the gate would disrupt the scheme’s architectural character, but the ruling prioritised individual rights and proper process.
CSOS mediation offers voluntary settlement before adjudication, providing accessible dispute resolution. This case serves as a reminder for trustees to follow due process and for owners to document applications carefully.
Property experts note such disputes are common as homeowners seek enhanced security in complex living environments.
SA body corporates must balance communal interests with individual needs to avoid costly legal battles. Owners facing similar issues should consult the CSOS early for guidance.
