When community becomes conflict – addressing harassment between trustees and members

Community living is meant to bring people together, to share costs, create safe environments, and protect the value of everyone’s investment. Yet, within many sectional title schemes, the very structures intended to promote order can sometimes become a source of tension.

In recent times, there has been an increase in reports of harassment and intimidation between trustees and members and even towards on-site workers. Whether it’s a trustee being threatened for enforcing rules, or an owner feeling bullied or unfairly targeted by the board, these conflicts can quickly undermine the stability of a scheme and the wellbeing of its residents.

Trustees are elected to manage the body corporate’s affairs in line with the Sectional Titles Schemes Management Act and the scheme’s rules. Their role carries responsibility and accountability but also vulnerability. Members, on the other hand, have every right to question decisions and demand transparency, provided they do so respectfully and through the proper channels.

Problems often begin when communication breaks down or when personal or racial tensions are allowed to cloud governance. A disagreement about maintenance, levies, or conduct rules can easily spiral into personal attacks, intimidation, or retaliation. When that happens, the focus shifts from managing the scheme to managing conflict.

Harassment can take many forms, repeated verbal abuse, threatening emails or messages, taking photos of individuals without consent, spreading harmful rumours, or using racist or discriminatory language. These behaviours are unacceptable in any setting and may breach both the scheme’s conduct rules and South African law.

Anyone who feels threatened, whether a trustee, owner, tenant, or employee, should immediately start keeping a written record of incidents. Dates, times, witnesses, and any evidence (such as messages or correspondence) are important. This allows the matter to be handled formally and factually, without escalation or emotion.

The body corporate, through its trustees and managing agent, has a duty to maintain a safe and respectful community environment. Allegations of harassment or threatening behaviour should never be ignored. Instead, they should be acknowledged, recorded, and investigated in a transparent and impartial manner.

If the matter cannot be resolved internally, the Community Schemes Ombud Service (CSOS) provides a formal process for dispute resolution. CSOS can issue binding orders to stop harassment, enforce compliance with rules, or even regulate trustee conduct where necessary.

Community harmony depends on fair process and respectful dialogue. When tempers flare, written communication is always better than confrontation. Where possible, mediation or professional guidance can help restore perspective and rebuild trust.

Trustees and members alike should remember that community schemes succeed when people treat each other with courtesy and accountability. By documenting concerns, following due process, and avoiding personal conflict, schemes can address harassment effectively, without sacrificing the sense of safety and belonging that shared living should provide.

Dealing with complex matters in your community scheme? Our Legal Advisory experts are standing by to help you!