Benefits

Our Benefits

A CSL policy entitles the policyholder (the Community Scheme) to legal advice, litigation and representation nationwide in respect of the following matters:

Legal Advice

We provide advice on all legal matters related to Community Schemes.

Litigation & Legal Representation

We assist with litigation and legal representation in the High and Magistrate’s Courts and other applicable forums nationwide.

Powerful and Comprehensive Legal Expense Cover

Governance and Compliance
Dispute resolution and Ombud Services
General Civil Law and Legal Matters
Labour Law
Criminal Law Matters
Additional Value-Added Services*

Compliance with the below-mentioned legislation and with reference to the following aspects applicable to the Community Scheme:

 

  • Memorandum of Incorporation / Constitution
  • Company Rules
  • Management Rules / Conduct Rules / Use Agreements
  • Exclusive use areas
  • Directors’, Trustees’ appointments, removals and/or discharges
  • Dispute resolution processes

 

Applicable Legislation (as changed from time to time)
 

  • Protection of Personal Information Act, No. 4 of 2013 (“POPI”) 
  • Basic Conditions of Employment Act, No. 11 of 2002 
  • Labour Relations Act, No. 127 of 1998 
  • Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”)
  • Community Schemes Ombud Service Act, No. 9 of 2011 (“CSOS Act”)
  • CSOS Act Regulations 
  • Companies Act, No. 71 of 2008
  • Sectional Titles Schemes Management Act, No. 8 of 2011 (“STSMA”) 
  • STSMA Regulations
  • Sectional Titles Act, No. 95 of 1986 (“STA”)
  • Older Persons Act, No. 13 of 2006
  • Housing Development Schemes for Retired Persons Act, No. 65 of 1988 
    (“Retirement Act”) 
  • Share Blocks Control Act, No. 59 of 1980.
  • Enforcement of legislation and rules
  • Dispute resolution procedures in terms of legislation or governance documentation
  • Community Schemes Ombud Service processes and compliance requirements
  • Applications to the Community Schemes Ombud Service concerning any competent orders provided for in terms of Section 39 of the CSOS Act in respect of:
  • Financial issues
  • Behavioural issues
  • Governance issues
  • Meetings 
  • Management Services
  • Works pertaining to exclusive use and common areas
  • General and other issues.
  • Letters of demand or responses thereto
  • Pre-litigation correspondence relating to civil or commercial litigation
  • Access to our web-based, legal library including reference to relevant case law
  • Opinions and advice regarding contractual provisions and disputes
  • Civil claims by and against the Insured relating to the following:
  • Damage to property
  • Guarantee and warranty claims
  • Disputes with suppliers and service providers
  • Arrear levy collection and related litigation
  • Public liability claims
  • Disputes with insurance companies
  • Delictual claims against the Insured arising from damages, injury or death on the common property or utilisation of the common property amenities
  • Health and Safety – limited to legal issues
  • Interdicts – Limited to R50 000 per case / claim
  • Urgent applications – Limited to R50 000 per case / claim
  • Advice on Commercial Agreements which includes:
  • Supplier Agreements in respect of essential services (i.e. water, electricity, gas,etc.)
  • Service Level Agreements with service providers (i.e. security services, managing agents, garden services, metering company, elevator services,etc.)
  • Purchase and Sale Agreements pertaining to immovable property, goods, equipment and services.
  • Preparation and drafting of employment contracts
  • Drafting of charge sheets of disciplinary hearings
  • Drafting of warnings and notices of disciplinary hearings
  • Drafting of counselling notification
  • Chairing of counselling sessions
  • Comprehensive labour and industrial relations assistance
  • Chairing of disciplinary hearings of a serious nature, where the outcome might lead to dismissal
  • Chairing of appeal hearings of a serious nature, where the outcome might lead to dismissal
  • Advice with regards to grievance procedures
  • Advice regarding retrenchments procedures
  • Guidance and assistance with retrenchment process
  • Correspondence relating to labour litigation
  • CCMA assistance and representation
  • Review application

Criminal defence of:

  • The Executives of the Community Scheme arising from their appointment/election to the office of the Executive Body
  • Employees arising from their scope of employment

*The legal fees and disbursements associated therewith shall be for the policyholder’s/member’s account and the discounts shall only be applicable if the policyholder/member uses attorneys that form part of the CSL Panel of Attorneys and Service Providers.

Value-added services available to your community:

  • Free access to our web-based legal library with applicable legislation, newsletters, including precedents of basic governance documents (i.e., notice of meetings, agenda’s and resolutions, etc.)
  • Reduced and discounted fees for Community Schemes in respect of legal services where specific terms and conditions will apply and which may vary:
  • Advice, formulation and drafting of general governance and compliance documentation in order to comply with legislation and regulations applicable to the Community Scheme with reference to the Common Law, Companies Act, STA, STSMA and CSOS Act
  • 10% Discount on Compliance Action Plan Reports by participating and approved service providers
  • Discount of up to 25% on transfer fees by approved and participating panel attorneys on the purchase and sale of immovable property by the Community Scheme
  • Discount on valuations undertaken by the Community Scheme.

Value-Added Services available to the members of your Community Scheme:

Reduced and discounted fees for members of the Community Schemes in respect of legal services where specific terms and conditions will apply and which may vary:

  • Discount of up to 50% on executor’s fees in respect of the administration of deceased estates
  • Discount of up to 30% on transfer fees in respect of the purchase and sale of immovable property by a member
  • Discount of up to 50% on fees payable for notarial attestation of documents
  • Discount on valuations undertaken by a member