26. DISPUTES AND COMPLAINTS
26.1. In an event of disputes between Members/Tenants arising from annoyance or nuisance the involved parties should attempt to settle the matter between themselves, exercising tolerance and consideration. Members may report perpetrators to the respective authority and to the Estate Office.
26.2. Complaints or disputes must be handed in at the Estate Office and marked for attention of the Estate Manager.
26.3. Complaints lodged against Management must be handed in a sealed envelope/sent email, marked for Attention of the Directors and be handed in at the Estate Office.
26.4. Complaints or disputes that arise/s must be lodged within 7 (seven) days after the occurrence date.
26.5. The HOA’s liability to be involved in attempting to settle the dispute by means of an informalconciliation meeting will depend on the nature of the dispute and the remedy required.
26.6. The complaint will be managed in the following way:
26.6.1. Complaints have to be investigated by the Management and will determine their jurisdiction on the matter.
26.6.2. The principle of Audi Alteram Parte (which means ‘the other party has the right to be heard) will be followed – either by means of:
26.6.2.1. A telephonic call to resolve the matter,
26.6.2.2. A formal meeting with the other party, or
26.6.2.3. By e-mail.
26.6.3. The outcome of the matter so raised must be included in the agenda of the next ensuing Management meeting or by round robin resolution and will be communicated in writing
to both the complainant and respondent, to be confirmed at the next Management meeting.
26.6.4. The Management may decide to let the matter stand over to another meeting to allow its Members reasonable time to acquaint themselves adequately with the detail of the matter
to be able to take an informed decision on it.
26.6.5. The Management may in its sole discretion designate one or more of its Management members or to designate a third party of its own choice, to meet with the Member
concerned on the matter raised and dispose of it or to report its finding and advise, if any, to the Management; and
26.6.6. Communicate back to the complainant.
26.7. A Member who is dissatisfied with the procedure followed or decision by the Management, may –
26.7.1. Refer the matter to the Community Schemes Ombud Service (‘CSOS’) as allowed for under the Community Schemes Ombud Service Act, 9 of 2011 by filling in the ‘Application for
Dispute Resolution Form (Annexure G) as well as the ‘Late Application for Dispute Resolution Form (Annexure ‘H’, where necessary).
26.7.1.1. All costs incurred in relation to the procedure as stipulated by Par 26.1–26.7, shall be for the complainant’s account unless otherwise determined by the Ombud.
