Carlos Alberto de Oliveira and Claudia Maria Roque de Oliveira v The Oval Body Corporate

The applicants are the joint registered owners of Unit 7 in The Oval sectional title scheme in Pretoria. They alleged that water ingress from the exterior/common property caused damp and water damage inside their section, including damage to ceilings and walls. The first applicant notified the respondent body corporate and its managing agent, Trafalgar, from at least 7 March 2022 and again on later occasions, including 23 June 2022, with photographs of the damage. On 4 May 2023 the applicants, through attorneys, sent a letter of demand warning that if the respondent did not repair the resultant damage, they would do so themselves and approach CSOS. A quotation dated 10 July 2023 from F.S. Ferreira Contractors reflected the internal repair cost at R26 162.50. The applicants also claimed loss of rental of R47 500 from 1 March 2023 after the tenant vacated, and legal fees of R7 520. The respondent did not file an answer despite being requested to do so. Evidence before the adjudicator included emails, photographs, the contractor's quotation, and an email from the managing agent dated 6 October 2022 confirming exterior waterproofing work to parapets, flashing and window sills, which supported the applicants' contention that the internal damage resulted from defects in common property maintenance.

• Whether CSOS had jurisdiction under sections 38 and 39 of the CSOS Act to determine the dispute.
• Whether the body corporate was responsible under the STSMA for maintenance and repair of the common property exterior that caused water ingress.
• Whether the applicants proved on a balance of probabilities that the internal damage to their section was consequential damage caused by the respondent's failure to maintain common property.
• Whether the applicants were entitled under section 39(6)(b) of the CSOS Act to reimbursement of R26 162.50 for repairs to the inside of their section.
• Whether CSOS had the statutory power to award loss of rental and legal fees claimed by the applicants.

Application upheld in part. The respondent body corporate was ordered, in terms of section 39(6)(b) of the CSOS Act, to refund the applicants R26 162.50 for repairs to the inside of their section within 14 days of receipt of the adjudication order. The claims for loss of rental (R47 500) and legal fees (R7 520) were refused. No order as to costs.

Where damage inside a sectional title unit is proved on a balance of probabilities to be consequential damage caused by the body corporate's failure to maintain common property, CSOS may grant relief under section 39(6)(b) compelling the body corporate to reimburse the owner for repair costs to the section. However, a CSOS adjudicator has no power to award relief outside the categories authorised by section 39 of the CSOS Act; claims such as rental loss and legal fees fall outside the adjudicator's competence unless specifically provided for in the Act.

The adjudicator made general observations about evidentiary principles in statutory adjudication, including that only relevant evidence should be considered and that the standard of proof is a preponderance or balance of probabilities. The adjudicator also remarked that she was permitted to draw on her years of experience as a sectional title practitioner in assessing the matter. These comments were ancillary to the dispositive findings.

The decision is significant for community schemes and sectional title governance because it affirms that a body corporate may be required, through CSOS, to reimburse an owner for consequential internal damage caused by failure to maintain common property. At the same time, it underscores the limited statutory jurisdiction of CSOS adjudicators: they may grant only the categories of relief expressly authorised by section 39 of the CSOS Act, and cannot award broader damages such as rental loss or legal fees unless the Act permits it. The matter illustrates the practical interface between owners' maintenance duties over their sections and the body corporate's duties over common property.