The Story: When a View Became a Battlefield

When home upgrades cross the line — and what every community can learn from it

(Estimated read time: 7–8 minutes)

It started with good intentions.

In a quiet Cape Town complex above Sea Point, Ms. van Rensburg decided to refresh her balcony. Years of salty sea air had eaten away at the railings, so she replaced them with shiny stainless steel and frameless glass panels. She even added a new timber deck, extending it just 40 centimetres past the old boundary.

It looked beautiful — modern, clean, and stylish.
To her, it improved the whole building.

But her neighbours didn’t see it that way.

Mr. Pillay, who lived below, complained that the new deck blocked sunlight and caused rainwater to drip onto his balcony. Another neighbour said it “spoiled the uniform look of the building.”

Soon, the trustees’ inbox filled with emails, complaints, and accusations. Words like “illegal extension” and “rule violation”started flying.
What began as a small renovation became a full-blown governance dispute — and landed at the Community Schemes Ombud Service (CSOS).

“I didn’t think improving my own space would upset anyone,” said Ms. van Rensburg. “I just wanted something beautiful.”

The Case: Where Private Space Meets Shared Rules

Case Reference: CSOS/CT/0558/25 (fictionalised composite)

The Complaint:
The body corporate said Ms. van Rensburg had made structural changes to common property without permission — violating Section 24 of the Sectional Titles Schemes Management Act (STSMA), which requires trustee and special resolution approval for any extensions.

The Defence:
She argued that her changes were “purely aesthetic” and made within her exclusive-use balcony area. In her view, she didn’t need formal approval.

The Ruling:
CSOS ruled against her.

“While the respondent’s intention was to beautify her property, the alterations extend beyond registered boundaries and alter the building’s appearance. Such changes require formal approval.”

The Orders:

1. Remove or correct the balcony extension within 60 days, or
2. Submit plans for retrospective municipal and body corporate consent.

CSOS also advised the trustees to update their alteration guidelines — because vague rules create real conflicts.

The Human Side: Pride, Process, and Perspective

For Ms. van Rensburg, the ruling was painful. It wasn’t just financial — it felt personal.

“I wasn’t trying to break the rules,” she said. “I wanted to make the building better.”

For the trustees, it was about fairness and control.

“If we let one person extend a balcony, everyone will want to do the same,” said one trustee.

In truth, this was never only about glass or timber. It was about trust, respect, and boundaries.

These disputes often reveal deeper emotions — independence versus community, personal pride versus collective standards. Psychologists call this the territoriality trap — when shared spaces start to feel like private kingdoms.

As urban sociologist Dr. Lindi Mokoena explains:

“In community scheme living, boundaries are not just physical — they’re emotional. A balcony isn’t just property; it’s identity.”

Lessons for Every Community Scheme

1. Clarity is Kindness.
When design rules are vague, people make assumptions. Clear guidelines prevent confusion and resentment before it starts.

2. Process Builds Trust.
Approval systems may seem bureaucratic, but they ensure fairness. When everyone follows the same steps, everyone feels respected.

3. Respect Shared Space.
In sectional living, your “private” area often rests on “common” ground. Respect that overlap — it protects harmony.

4. Communicate Before You Construct.
A quick chat with neighbours can save months of conflict. Transparency turns tension into teamwork.

The Legal Takeaway: Lessons from the CSOS Ruling

The Bigger Picture — Alterations on the Rise

According to CSOS data (2021–2024):

• 18% of disputes involve unauthorized alterations or improvements.
• Top 3 trouble spots: balcony enclosures, pergolas, and air-conditioners.
• Average rectification cost: R45,000–R120,000.

Expert Tip:
Keep your architectural guidelines up to date, and require before-and-after photos for all renovations.
Digital records prevent the classic “he said, she said” problem.

What This Means for You

For Trustees

• Keep an Alterations Register with details, approvals, and inspection notes.
• Consult an architect or engineer for any structural upgrades.
• Communicate clearly — silence breeds frustration.

For Residents

• When in doubt, ask in writing.
• Don’t rely on informal precedent — “everyone does it” is not permission.
• Respect the shared look and safety of the property — it sustains long-term value.

For Managing Agents

• Maintain a digital record of all alteration approvals.
• Remind new owners of existing obligations tied to their units.
• Encourage mediation before escalation — early dialogue avoids legal bills.

Final Reflection: The Fine Line Between Home and Harmony

At the heart of every CSOS case lies one big question:
Who owns the space between us?

For Ms. van Rensburg, her balcony was a personal statement.
For her neighbours, it was an intrusion.

And in truth, both were right — and both were wrong.

Community Scheme living is about balancing individuality with interdependence.
Or, as one Ombud ruling wisely put it:

“Good governance does not prohibit improvement — it structures it.”

When rules are fair, transparent, and compassionate, buildings don’t just stand taller — communities do too.

CSOS Digest Takeaway