How We Work
We value transparency. That’s why we provide prospective clients with accurate upfront no-obligation quotations so that they know exactly what they’d be paying for.
If you are interested in engaging our specialised legal services, please send your request to info@theadvisory.co.za or scroll down and complete the form at the bottom of this page. Our attorneys will review your request and furnish you with a no-obligation quotation within 1 business day.
Our Wheelhouse:
We provide specialised legal advice on matters pertaining to community schemes management. Some of the topics we cover most frequently include:
Financial Management:
- Administrative and Reserve Fund budgets
- Collecting administrative funds, reserve funds, exclusive use and CSOS levies
- Raising special levies
- Making and taking out loans
- Insurance requirements and claims
- Requirements and implementation of 10 year maintenance, repair and replacement plans
- Collection of arrear levies
– Auditing the scheme’s financial statements
Administrative Management:
- Home Owners Associations’ Constitutions, Memoranda of Incorporation and/or rules
- Sectional title schemes’ Management and Conduct Rules
- Applications for access to information, including to the CSOS when necessary
- Drafting of resolutions
- Proper wording of
- Agreements for the appointment of a managing agent or executive managing agent.
Physical Management:
- Alterations and improvements to common property
- Creating exclusive-use areas
- Extensions of sections and schemes
- Maintenance
- Installing separate utility meters
- Sale and lease of common property
Key Role Players:
- Owner responsibilities
- Trustee/director responsibilities
- The role and appointment or termination of Managing Agents and Executive Managing agents
- The appointment of, and legal termination of contracts with, community scheme employees
- The role and appointment of scheme administrators
- The CSOS
Dispute Resolution:
- Internal dispute resolution mechanisms
- Applications for dispute resolution to the CSOS
- Order for relief granted by CSOS
- CSOS Conciliations and Adjudications – the process and timeline
- Alternative dispute resolution mechanisms, including private arbitrations and mediations
Our Services:
1. Private Consultations
We offer on-site, virtual, or a face to face consultations to discuss your legal matter.
2. Written Legal Advice
We draft specialised legal opinions and legal letters.
3. Drafting and Reviewing of Governance Documentation
We have years of experience in drafting and reviewing a wide variety of scheme governance documentation including constitutions, estate rules and management and conduct rules.
4. Assistance with Dispute Resolution at the CSOS
We offer assistance with the preparing of, and responding to, applications for dispute resolution to the Community Schemes Ombud Service. Not sure how this process works and would like to discuss it first? We can discuss the ins and outs of this process during a consultation.
5. Debt Collection via the Community Schemes Ombud
Collecting unpaid levies via the civil courts can be time consuming and expensive. We believe the best, most efficient way for community schemes to recover arrear levies is by way of the levy collection process allowed in terms of the Community Schemes Ombud Services Act. We can take care of this process for you.
6. Chairing or Attending General Meetings and Trustee Meetings
Chairing a general meeting can be daunting, especially when contentious items are on the agenda. It is helpful to have an experienced and knowledgeable chairperson to lead the meeting in an orderly fashion. We assist our clients by either chairing meetings or attending them on their behalf.
7. Providing Alternative Dispute Resolution Services
We are able to chair or act as a representative at internal disciplinary hearings.
We also offer private mediation and arbitration services.
8. Advising on Labour Law Matters within Community Schemes
We assist trustees and directors in drafting employment contracts, handle our clients’ retrenchment consultations and chair their disciplinary hearings.