Disputes between owners are an inevitable part of communal living. In community schemes, owners and residents live in proximity and share common property and facilities, which can lead to disagreements regarding noise, parking, pets, alterations, boundaries, behaviour and the use of common facilities.

One of the most common questions trustees and EXCOM members face is: When should the governing body become involved in a dispute, and when should it stay out of a private disagreement?

Understanding this distinction is essential to ensure that the Body Corporate or HOA remains impartial, fulfils its legal and governance obligations, and avoids becoming unnecessarily involved in disputes that may create liability for the scheme.

The Role of Trustees in Sectional Title
Trustees are elected to manage and administer the affairs of the Body Corporate on behalf of all owners. Their duties arise primarily from the Sectional Titles Schemes Management Act 8 of 2011 (STSMA), the prescribed and registered management and conduct rules, and their fiduciary obligations.

Trustees are not mediators, judges or arbitrators of every disagreement between residents. Their responsibility is primarily to:

• Enforce the scheme's rules;
• Manage and protect common property;
• Protect the interests of the Body Corporate;
• Ensure compliance with applicable legislation;
• Promote the peaceful use and enjoyment of sections and common property.

The Role of the EXCOM in a Homeowners Association
In an HOA, the Executive Committee (EXCOM) generally performs a similar governance function, although its precise powers and responsibilities will depend on the HOA's constitution, memorandum of incorporation where applicable, title conditions and estate rules.

The EXCOM should become involved where a dispute concerns the enforcement of the HOA's rules, the protection of common areas or HOA assets, estate operations, or conduct that affects other members or residents.

The EXCOM should not, however, automatically become involved in every personal disagreement between members. Its role is to govern and administer the HOA, rather than to act as a private dispute-resolution forum for its members.
 
When Trustees or EXCOM Should Become Involved
1. When Scheme Rules Are Being Breached
The governing body should investigate complaints where there is an alleged breach of the registered rules or HOA rules.
Examples include:

• Excessive noise;
• Unauthorised parking;
• Keeping pets contrary to the rules;
• Unauthorised building alterations;
• Use of a property contrary to the applicable rules;
• Obstruction or misuse of common property;
• Conduct that interferes with another resident's peaceful enjoyment of the scheme.

Where a complaint concerns a rule breach, the trustees or EXCOM should investigate fairly and take reasonable enforcement action where appropriate.

2. When Common Property or HOA Property Is Affected
The governing body should become involved where the dispute affects property or facilities belonging to, or under the control of, the scheme.
Examples include:

• Encroachments;
• Damage to common property;
• Unauthorised structures;
• Disputes concerning exclusive-use areas;
• Interference with communal services;
• Damage to HOA roads, landscaping, security infrastructure or other common facilities.

In these circumstances, the trustees or EXCOM are acting to protect the interests and assets of the scheme rather than taking sides between individual owners.

3. When Conduct Creates a Nuisance
Persistent conduct that constitutes a nuisance or interferes with the peaceful enjoyment of other residents may require intervention.
Examples may include:

• Persistent noise;
• Aggressive or threatening behaviour;
• Repeated nuisance complaints supported by evidence;
• Activities creating health or safety risks.

The governing body should assess the facts objectively and determine whether the conduct constitutes a breach of the applicable rules.

4. Health, Safety and Security Concerns
Trustees and EXCOM members should take appropriate action where conduct or circumstances may expose residents, visitors or the scheme to a significant health or safety risk.
Examples include dangerous alterations, fire hazards, unsafe structures, hazardous materials or serious security concerns.

5. Where Legislation, CSOS or a Court Requires Action
A Body Corporate must comply with applicable legislation and give effect to binding orders or directions issued by the Community Schemes Ombud Service (CSOS) or a court.
Similarly, an HOA must comply with applicable legislation, its constitutional documents, contractual obligations and any binding court or dispute-resolution determination applicable to it.

When Trustees or EXCOM Should Generally Not Become Involved
1. Purely Personal Disputes
Trustees and EXCOM members should generally avoid becoming involved in disputes that have no connection with the governance or operation of the scheme.

Examples include:

• Personality clashes;
• Family disputes;
• Social disagreements;
• Private financial disputes unrelated to the scheme;
• Personal disagreements occurring outside the scheme's governance framework.
  

The fact that both parties happen to live within the same community does not automatically make their disagreement a matter for the governing body.

2. Private Civil Claims
Where one owner wishes to pursue a personal claim against another, the governing body should generally not attempt to determine liability or award compensation.

Examples include certain defamation claims, personal injury claims, private contractual disputes or other damages claims that do not involve the Body Corporate or HOA.

3. Acting as Judge and Jury
Trustees and EXCOM members should be particularly careful not to assume the role of a court or arbitrator.

Their responsibility is generally to determine whether the scheme's rules or governance obligations have been breached and what action the scheme is authorised to take. They should avoid making determinations on complicated legal disputes that fall outside their authority.

Dispute Resolution in Homeowners Associations
HOAs should have a clearly defined dispute-resolution process in their constitution, rules or other governing documents. Where a dispute concerns an alleged rule breach, members should generally be encouraged to follow the prescribed internal complaint and dispute-resolution procedure before escalating the matter.

The EXCOM may facilitate communication between the parties, request written submissions, consider the evidence and, where appropriate, refer the matter to an independent mediator or the dispute-resolution mechanism provided for in the HOA's governing documents. The EXCOM should facilitate a fair process rather than automatically acting as the final arbiter of a private dispute. Where the matter cannot be resolved internally, the parties may need to pursue the appropriate external legal or dispute-resolution process.

Best Practice When a Complaint Is Received
Whether dealing with a Sectional Title Body Corporate or an HOA, the governing body should:

• Request the complaint in writing;
• Obtain supporting evidence where available;
• Notify the affected owner or occupier;
• Give the affected parties a reasonable opportunity to respond;
• Consider the matter objectively and without bias;
• Determine whether a rule or legal obligation has been breached;
• Take only the action it is authorised to take; and
• Keep proper records of the complaint, correspondence, evidence and decisions.

Trustees and EXCOM members should avoid taking sides or becoming emotionally involved in neighbour disputes.

The Role of the Managing Agent
The Managing Agent (MA) can play an important administrative and neutral role in disputes, particularly in a Sectional Title scheme. The MA can receive and record complaints, ensure that the correct procedures are followed, communicate with the relevant parties, maintain records, provide the trustees with the applicable rules and assist with the administration of enforcement procedures.

However, the MA does not replace the authority of the trustees or EXCOM. Unless specifically authorised, the MA should not independently decide whether a substantive dispute has been resolved, determine legal liability or impose penalties outside the authority granted by the governing documents. The MA's role should primarily be to facilitate proper administration and ensure that the governing body has the information necessary to make a fair and lawful decision.

Conclusion
The key principle is that not every dispute between neighbours is a dispute for the Body Corporate or HOA. Trustees and EXCOM members should intervene when the matter affects the scheme, involves a breach of the applicable rules, impacts common property or HOA assets, creates a nuisance or safety concern, or requires action by the governing body.

Conversely, where the matter is purely personal and falls outside the governance of the community scheme, the parties should generally be encouraged to resolve it privately or through the appropriate dispute-resolution or legal process.

A well-governed community scheme is not one in which trustees, or EXCOM members attempt to resolve every disagreement. It is one in which the governing body knows when it has a duty to act, when it has the authority to act, and when it should step back and allow the parties to resolve their own private dispute.