Community Schemes Ombud Service Act, 2011 (Act No. 9 of 2011) Chapter 1 : Interpretation 1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"adjudicator"

means a person contemplated in section 21(2)(b);

 

"association"

means any structure that is responsible for the administration of a community scheme;

 

"Board"

means the Board of Service established by section 6;

 

"chief financial officer"

means the person appointed as the chief financial officer in terms of section 14;

 

"chief ombud"

means the person appointed as the chief ombud in terms of section 14;

 

"common area"

means any part of land or building in a community scheme which is intended for common use by occupiers;

 

"community scheme"

means 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, 2005 (Act No. 14 of 2005) and ‘‘scheme’’ has the same meaning;

 

"Department"

means the Department of Human Settlements;

 

"Director-General"

means the Director-General of the Department of Human Settlements;

 

"dispute"

means a dispute in regard to the administration of a community scheme between persons who have a material interest in that scheme, of which one of the parties is the association, occupier or owner, acting individually or jointly;

 

"executive committee"

means the executive body of a community scheme, including but not limited to the trustees of a sectional title body corporate, the board of directors of a share block company and the management association of any housing scheme for retired persons;

 

"levies"

means the levies contemplated in section 59;

 

"managing agent"

means any person who provides management services to a community scheme for reward;

 

"mandate"

means the mandate of the Service as contemplated in section 5;

 

"Minister"

means the Minister of Human Settlements;

 

"occupier"

means a person who legally occupies a private area;

 

"ombud"

means a person contemplated in section 21(2)(a);

 

"owner"

means a person who has a legally secured right to possession and occupation of a private area, including but not limited to the owner of a sectional title unit, the holder of shares in a share block company and the holder of an occupation right in a housing scheme for retired persons;

 

"person"

includes an association, partnership, trust, corporation, private or public entity and such person’s representatives, successors and assignees;

 

"practice directive"

means a practice directive issued in terms of section 36;

 

"private area"

means any area in a community scheme set aside for private occupation or ownership, excluding any common area;

 

"prescribe"

means prescribe by regulation made under this Act;

 

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"regulation"

means a regulation made in terms of section 29;

 

"scheme governance documentation"

means any rules, regulations, articles, constitution, terms, conditions or other provisions that control the administration or occupation of private areas and common areas in a community scheme, and

 

"scheme governance provision"

has a corresponding meaning;

 

"Service"

means the Community Schemes Ombud Service established by section 3; and

 

"this Act"

includes the regulations.