Attorneys, Estate Agents and Trustees must know the critical aspects of the legislation. New rules are prescribed. The new litigation process is through the Ombud Service and will require in depth knowledge of the regulations and the Acts. Estate Agents will be held liable for acting negligently in marketing properties. A minefield has been set for managing agents. Contravention may have serious consequences.
Sectional Title and Community Schemes have become daunting to manage and negotiate. Two new Acts, the Sectional Titles Schemes Management Act 8 of 2011 and the Community Schemes Ombud Service Act 9 of 2011 are effective from 7th October 2016. This legislation provides for new management procedures and a unique litigation process for Community Schemes. These Acts compliment the existing Sectional Titles Act, 1986.