Sectional Title Living: How to resolve disputes fast

• Sectional title demand keeps rising, but shared living naturally increases disputes over levies, rules, maintenance and governance decisions.
• Most conflicts can be resolved internally if trustees and owners communicate clearly and follow proper dispute resolution processes.
• CSOS offers affordable legal remedies, while courts remain available for complex or high-value sectional title disputes.

Why sectional title living leads to disputes

Sectional title ownership has become a dominant force in South Africa’s housing market, driven by affordability, location convenience and enhanced security.

According to ooba Home Loans’ oobarometer Q4 2025, 66% of buy-to-let investors applying for home loans last year chose sectional title properties, underlining how central this property type has become for both investors and owner-occupiers.

But shared ownership also means shared responsibilities and occasionally shared conflict.

Grant Smee, CEO of Only Realty Property Group, explains that disputes often arise when expectations are unclear or rules are poorly understood.

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“Sectional title ownership works best when everyone understands their role and responsibilities. Problems typically arise when communication breaks down or when owners aren’t fully aware of scheme rules,” says Smee.

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Schemes are governed by the Sectional Titles Schemes Management Act, which defines owner responsibilities, trustee duties and how disputes must be handled.

Most common disputes in sectional title schemes

‍Conflicts typically fall into predictable categories:

• Maintenance disputes - whether repairs fall under private sections or common property.
• Financial disagreements - levy increases, special levies or concerns about fund management.
• Rule enforcement - pets, parking, noise complaints, renovations or short-term letting.
• Boundary or common property usage disputes between neighbours.
• Trustee conduct disputes or governance concerns.

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“These disputes are common and usually manageable if addressed early and through the correct channels,” Smee notes.

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Three best-practice approaches to resolving disputes

1. Start with internal resolution
Owners should first raise disputes in writing with trustees or managing agents, referencing scheme rules. Open dialogue often resolves issues before escalation.

2. Use CSOS where needed
The Community Schemes Ombud Service (CSOS) provides affordable dispute resolution for issues such as levy disputes, rule enforcement and governance concerns.

CSOS rulings are legally binding and generally quicker than court action.

3. Courts for complex matters
Recent court rulings confirm owners can approach courts directly in complex disputes without first exhausting CSOS remedies, although litigation should remain a last resort.

Practical strategies to resolve disputes
Smee says success lies in practical solutions rather than confrontation:

• Use mediation to reach workable compromises.
• Review scheme management and conduct rules carefully.
• Seek early legal guidance on levy or governance disputes.
• Amend outdated scheme rules to prevent recurring conflict.
• Maintain transparent trustee communication and record keeping.

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“Owners often know what levies they must pay, but not always what they are entitled to. Understanding both rights and responsibilities makes disputes easier to resolve,” Smee adds.

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Dispute resolution essential

With sectional title ownership continuing to grow across South Africa, understanding dispute resolution mechanisms is essential for both homeowners and investors.

Support structures already exist through trustees, managing agents and CSOS, the key is knowing how and when to use them.

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As Smee concludes: “The system works when owners engage constructively. Disputes don’t have to become battles, they can usually be resolved with the right process and communication.”

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In sectional title living, harmony ultimately protects both lifestyle and property value.

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