Francesca Carmelina Schumacher v Michael Bronn

The applicant, Francesca Carmelina Schumacher, was the owner of unit 31 in the Bay Ridge sectional title scheme in Ballito, KwaZulu-Natal. The respondent, Michael Bronn, owned unit 34 directly above unit 31. The applicant alleged that her unit sustained water ingress damage to the main bedroom walls and ceiling and the balcony ceiling, caused by leaks emanating from the respondent's balcony and balcony drainage point. A Detecta Leak CC report dated 21 January 2021, apparently conducted by agreement between affected owners, found visible water damage in unit 31, confirmed dampness through thermal imaging and moisture testing, and identified leakage from unit 34's balcony drainage outlet and waterproofing failure. The report recommended that unit 34 strip balcony tiles, waterproof and retile the balcony, and replace the balcony drainage point. Despite repeated complaints and intervention by managing agents, the respondent did not carry out repairs and did not participate in the CSOS proceedings. Although the applicant had sold unit 31 after lodging the application, with transfer registered on 11 December 2023, an amount of R70 000 had been withheld from her under the sale arrangements pending repair work, so she maintained a material interest in the dispute.

• Whether the applicant retained locus standi under section 38 of the CSOS Act after transfer of her unit, because she remained materially affected by the dispute.
• Whether the water ingress and damage to unit 31 originated from the respondent's unit 34 balcony and drainage outlet.
• Whether the respondent, as owner of unit 34, bore responsibility under the STSMA and the scheme rules to repair and maintain his balcony, waterproofing and drainage outlet.
• Whether CSOS had jurisdiction under section 39(6)(b)(i) of the CSOS Act to order the respondent to carry out specified repairs to his unit and consequential repairs to the affected unit below.
• Whether a costs order should be made in the circumstances.

The application was granted. The respondent was ordered, in terms of section 54(1) read with section 54(3) and section 39(6)(b)(i) of the CSOS Act, to conduct the necessary repairs to his balcony and to the bedroom wall and balcony ceiling of unit 31, in accordance with the Detecta Leak Report dated 21 January 2021, to the reasonable satisfaction of the trustees of Bay Ridge Body Corporate on or before 30 April 2024. A copy of the order was to be distributed to the trustees of Bay Ridge and the new owner of unit 31. No order as to costs was made.

An applicant under section 38 of the CSOS Act has standing if they retain a sufficiently close, actual and current material interest in the dispute, even if ownership of the unit has passed after institution of the application. Where undisputed expert evidence shows that water ingress into one section originates from another owner's balcony and drainage infrastructure, and the balcony forms part of the section under the STSMA and scheme rules, that owner is obliged to repair and maintain those components and may be ordered by CSOS under section 39(6)(b)(i) to carry out specified repairs.

The adjudicator observed that the body corporate is usually joined in applications of this kind, but this did not prevent relief against the owner alone in the present matter. The adjudicator also noted uncertainty as to whether an insurance claim had been lodged and referred generally to the member's responsibility for insurance excesses where damage relates to parts the member is obliged to maintain. The discussion of 'material interest' by analogy to company law disclosure concepts appears supplementary and not necessary to the ultimate decision.

The matter is significant in community schemes jurisprudence for confirming that a person who has transferred ownership after instituting CSOS proceedings may still have locus standi if they remain materially affected by the dispute, particularly through a retained financial interest linked to unresolved defects. It also reinforces that, in sectional title schemes, balcony areas forming part of a section, including waterproofing and drainage outlets, may be the owner's maintenance responsibility, and that CSOS can compel such owner-specific repairs under section 39(6)(b)(i) of the CSOS Act.