Sectional Title & Community Scheme Lawyers in Johannesburg
Community schemes bring property rights and shared responsibilities together. Hugh Raichlin Attorneys assists trustees, bodies corporate, homeowners associations, managing agents and owners with governance, levies and disputes.
The initial telephone discussion is free and helps us understand whether the firm can assist. A paid consultation is arranged where appropriate. We aim to respond within one working day after receiving your enquiry.
Principal Attorney & Accredited Mediator
Property litigation and community-scheme disputes, including levy-related matters.
This page is for you if…
- A levy or contribution remains unpaid.
- Trustees or owners disagree about a rule or decision.
- Maintenance, use of common property or conduct is in dispute.
- You need to assess a CSOS complaint, response or adjudication outcome.
How Hugh Raichlin Attorneys can help
In a community-scheme matter, what matters is the scheme type and its governing documents, who has authority to make the decision, and the correct dispute route — which may be internal resolution, the CSOS or a court, depending on the issue and the relief sought. We help identify those before assuming a single forum applies.
- The scheme's constitution or memorandum, and the body corporate or association rules.
- Title and scheme details, and the managing agent's mandate.
- Minutes, resolutions and the authority relied on for the decision in question.
- The levy ledger and any notices or correspondence.
- Any existing CSOS or court documents.
| Issue | Possible next question |
|---|---|
| Unpaid levies or contributions | Is ordinary recovery, a different forum or insolvency the appropriate route? |
| A rule or decision is disputed | Was the decision taken with authority and a defensible legal basis? |
| Maintenance, use of common property or conduct | Do the management or conduct rules address it, and how? |
| A CSOS outcome to assess | Is internal resolution, CSOS or a court step appropriate, and is representation permitted? |
The route depends on the dispute and the relief sought. Legal representation is not automatic at every CSOS step.
Governance and decision-making
We review rules, resolutions, notices, mandates and the authority to act. A sound decision should have a defensible legal basis and be properly recorded.
Levy and contribution disputes
We assess the account, obligation and recovery route. The strategy should distinguish ordinary recovery from remedies that require additional proof or a different forum.
CSOS and litigation
We help identify whether internal resolution, CSOS or court proceedings are appropriate. Advice and document preparation can be provided even where appearance by a legal representative is subject to procedural restrictions.
What to consider before deciding
Use the correct documents
An association's constitution or memorandum, a body corporate's rules and a managing agent's mandate may allocate different powers. Do not copy another scheme's resolution without checking authority.
Keep internal and external processes connected
Correspondence, meetings and attempts to resolve a matter can be important. Existing orders and statutory review or appeal periods require attention even while discussions continue.
A reported matter is not a guarantee
The firm has acted successfully in scheme-related litigation, but each levy, governance or rescission dispute must be assessed on its own evidence.
Choosing the right forum
- 1
Identify scheme and issue
Determine the structure, rules and the nature of the dispute.
- 2
Assess internal process
Consider whether internal resolution is appropriate or required first.
- 3
Assess CSOS jurisdiction
Identify whether the CSOS can hear the complaint and grant the relief.
- 4
Assess court step
Determine whether a court application or action is the appropriate route.
The route depends on the dispute and the relief sought.
The next steps
- 1Identify the scheme structure and issue.
- 2Review rules, resolutions, account and authority.
- 3Assess internal resolution, CSOS or court route.
- 4Prepare and implement the appropriate response or relief.
Information to prepare
Rules/constitution or memorandum; title and scheme details; minutes/resolutions; levy ledger; notices; correspondence; managing-agent mandate; CSOS or court documents.
Common mistakes to avoid
Avoid unsupported penalties, vague resolutions, acting without authority, assuming legal representation is automatic at every CSOS step or using insolvency as a routine substitute for properly assessed debt recovery.
Relevant experience for your matter
HRA acted for Villa Nosa Homeowners Association in Sector Five Trading 46 v Villa Nosa, where the appeal against refusal of rescission was dismissed. This supports relevant litigation experience, not a promise of success in another scheme's dispute.
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Hugh Raichlin is the founder and principal attorney of HRA, established in 1993. He brings 40 years of legal experience, with a practice spanning commercial litigation, property disputes, family and divorce matters, estates and mediation.
View Hugh's profile
Abigail Sher
Attorney, Notary & Conveyancer
LLB · University of South Africa
Abigail Sher is an attorney, notary and conveyancer at HRA. She assists with residential and commercial property transfers, notarial work, antenuptial contracts and deceased estates.
View Abigail's profileFrequently asked questions
Do you assist both bodies corporate and homeowners associations?
Yes. The firm first identifies the structure and governing documents because the legal analysis differs.
Must every dispute go to court?
No. Internal processes, CSOS and other routes may be appropriate, depending on the dispute and relief.
Can an attorney appear at every CSOS proceeding?
Not automatically. Representation and procedure must be checked for the relevant process.
Can you help with unpaid levies?
Yes. The account, authority and suitable recovery route are assessed before action is taken.
Related services
Legal Insights
Useful sources
- Community Schemes Ombud ServiceFind CSOS forms, legislation and published decisions for disputes about levies, rules and shared areas in community schemes.
Get advice on the community-scheme issue in front of you.
Tell us about the scheme, the rules and the dispute. We will assess the correct forum and the documents needed.
What happens next?
Start with a brief telephone discussion so the firm can understand your matter and decide whether it may assist. That initial discussion is free. Where appropriate, a paid consultation is arranged, usually in person; remote arrangements may be considered.
You can begin through our AI-assisted WhatsApp enquiry service at any time. It gathers initial information and does not provide legal advice. Where the firm may be able to assist, an attorney ordinarily follows up within one working day after receipt. A message does not confirm an appointment, acceptance of a matter or action on a deadline.
Speak to Hugh Raichlin Attorneys
Visit us by arrangement at 1 The Avenue, Norwood, Johannesburg 2192. Call 011 483 1527 for new enquiries and existing matters, Monday–Friday, 08:30–17:00. For 24/7 AI-assisted enquiry intake, WhatsApp 011 010 8336. You can also email reception@raichlin.co.za.
Please send sensitive documents only when requested through an appropriate channel.