Living in a sectional title complex can also bring unique challenges—especially when disputes arise. Whether it’s a noisy neighbour, disagreement about a boundary or concerns over maintenance, addressing conflicts quickly and efficiently is essential for preserving harmony and ensuring effective management.
This practical guide on conflict resolution in sectional titles includes when and how to escalate issues to trustees or your property management agent.
Step 1: Start with Direct Communication
The first step in resolving any dispute is to approach the concerned party directly. Open, respectful dialogue can often resolve misunderstandings before they escalate. To maximise the chances of a successful discussion, choose an appropriate time and place where both parties are calm and able to focus on the issue. Maintain a respectful tone throughout the conversation, stay objective and focus on the facts rather than emotions. Always avoid placing blame or making accusations. Instead propose potential solutions that could resolve the problem and benefit everyone involved.
Step 2: Refer to the Conduct Rules
Every sectional title scheme operates under a set of conduct rules that govern behaviour and responsibilities within the complex. These rules are the foundation for determining whether a particular concern is valid. Familiarise yourself with these rules as they will help you understand whether your complaint aligns with the body corporate’s regulations. If your concern is covered by the rules, referencing them in discussions can strengthen your position and provide clarity. Additionally, understand your rights and the regulations outlined in the Sectional Titles Schemes Management Act.
Step 3: Document the Issue
If direct communication does not resolve the matter, it’s important to start documenting the issue. Keeping a record ensures you have clear evidence if the dispute needs to be escalated. This documentation can include detailed notes on the incidents, specifying dates, times, and what occurred. Gathering evidence, such as photos, videos, or written communication, can further support your case. Additionally, logging your attempts to resolve the issue, such as emails or messages exchanged with the other party, demonstrates your efforts to handle the matter constructively.
Step 4: Engage the Property Management Agent
When trustees cannot resolve the conflict, or if the issue involves the Trustees directly, it may be necessary to escalate the matter to the property management agent. Professional property management agents, such as FMS Property Managers, are skilled in mediating disputes and ensuring that all parties adhere to legal and regulatory frameworks. Escalation to the property management agent is appropriate in situations such as financial mismanagement, severe rule violations, or ongoing unresolved disputes. When contacting the managing agent, provide all relevant documentation and clearly outline the steps you have already taken to resolve the matter.
Step 5: Involve the Trustees
If the issue remains unresolved, it may be time to escalate it to the Trustees who are responsible for ensuring the conduct rules are upheld and acting in the best interests of the body corporate. To engage the Trustees effectively, submit a formal complaint that is clear, concise, and supported by evidence. Your complaint should explain the issue, reference the relevant conduct rules, and include any documentation you have gathered. Presenting potential solutions in your communication shows that you are willing to work collaboratively toward a resolution.
Step 6: Approach CSOS
If the dispute remains unresolved despite engaging the trustees and property management agent, you can escalate the matter to the Community Schemes Ombud Service (CSOS). CSOS provides a free and accessible dispute resolution service specifically for sectional title schemes and other community housing arrangements. Their trained mediators and adjudicators can help resolve conflicts fairly and impartially, without the need for costly legal action. To lodge a complaint, you’ll need to submit the necessary documentation outlining the issue and the steps you’ve taken to resolve it. CSOS aims to provide a legally binding resolution, ensuring that all parties adhere to the scheme’s rules and regulations.
Step 7: Legal Action as a Last Resort
Litigation should always be the final option for conflict resolution. Legal action can be costly and time-consuming, often creating additional stress for all parties involved. Before considering this route, consult with the Trustees or property management agent to explore alternative dispute resolution mechanisms. By exhausting all other avenues first, you ensure that legal action is truly a last resort.
Why a Professional Property Manager Matters
Professional property management agents play a crucial role in resolving conflicts within sectional title schemes. With their expertise, impartiality, and knowledge of legal frameworks, they ensure that disputes are handled efficiently and fairly. At FMS Property Managers, we are committed to fostering harmonious communities through proactive management and tailored solutions.
By understanding when and how to escalate issues,we help contribute to a cohesive and well-managed sectional title community. If you’re unsure about the next steps in resolving a dispute, remember that the right guidance and processes can make all the difference.
Contact us today to find out more about how FMS Property Managers can assist with conflict resolution and other sectional title management needs.
