Body Corporate Dispute Evidence: What to Preserve

How to use this guide

Start with the scheme and unit identity, the current management and conduct rules, the decision or charge being challenged, complete communications, and proof of any internal complaint. Then add issue-specific evidence: accounts and payment records for a levy dispute; minutes and voting records for a meeting dispute; or original photographs, incident logs and reports for a repair, nuisance, access or safety dispute.

Do not alter originals, rename them in a way that destroys context, or submit isolated screenshots when a complete export is available. Keep a read-only evidence set and use separate working copies for highlighting, redaction and legal review.

This article is about preserving the record. It does not decide whether the matter belongs in an internal scheme process, CSOS or court. Use the sectional title disputes and legal routes guide for that separate question.

Open a preservation file

Create one folder for the dispute and record the date on which preservation started. Do these first:

• save the notice, demand, resolution, statement, contractor message or incident record that triggered the dispute;
• export the complete relevant email or message thread with attachments;
• make a copy of the current scheme rules and record where and when they were obtained;
• save the unedited original photographs, videos, reports and invoices;
• record the date, people involved, immediate effect, delivery proof and reference numbers; and
• identify records held by the body corporate, trustees, managing agent, contractor or another person that must be requested.

Do not wait for every document. A ledger should show what exists and what is missing.

Build a source-integrity evidence ledger

Use one row for each important record or event. A practical ledger can contain these columns:

The “fact supported” column matters. “Email from trustee” is only a description. “Shows that the repair request was received on 4 May and allocated reference BC-17” explains why the email belongs in the pack.

Do not record a disputed conclusion as if it were a fact. If the document proves only that an allegation was made, say so.

Preserve the scheme, unit and rule record

A dispute can be weakened by attaching the wrong rules or confusing a body corporate with a homeowners’ association or managing agent. Preserve:

• the scheme’s registered name and sectional scheme number;
• the unit number, title deed and relevant sectional plan;
• any record showing whether an area is a section, common property or an exclusive-use area;
• the current management and conduct rules supplied for the scheme;
• the approval record for an amendment and any relevant policy, consent or maintenance plan; and
• the identity and stated role of the body corporate, trustees and managing agent.

Do not substitute a generic online rule template for the rules that apply to the scheme. Keep the source email, certificate or covering record that shows where the rule set came from.

Preserve decisions, meetings and authority

For a disputed trustee or member decision, retain the complete decision trail:

• meeting notice and agenda;
• the document or proposal circulated for consideration;
• attendance, proxy and quorum records;
• trustee or member resolutions;
• votes for and against the proposal;
• minutes and written reasons;
• proof of when the decision was communicated; and
• later corrections, ratifications or contradictory communications.

The prescribed management rules require body corporate documents to be signed on the authority of a trustee resolution and by the prescribed signatories. If a settlement, undertaking, consent, demand or instruction is important, preserve both the signed document and the resolution or authority on which the signatory relied.

Keep the actual date on which the decision was taken. Section 41 of the Community Schemes Ombud Service Act states a 60-day limit for an application seeking an order declaring a decision void, subject to condonation on good cause. The 2025 CSOS practice directive refers to 60 business days, which is not the wording of the Act. Preserve all dates and obtain prompt advice rather than relying on the longer formulation.

Preserve money and account evidence without rebuilding the cost article

For a levy, contribution, special levy, interest or legal-cost dispute, preserve:

• approved administrative and reserve-fund budgets;
• the contribution schedule and allocation basis;
• trustee or member resolutions relied on;
• contribution and final notices;
• the full detailed owner account for the disputed period;
• invoices, attorney statements or taxed bills supplied as authority for entries;
• payment proof, credits, reversals and allocations; and
• your separate debit-credit reconciliation.

Keep the managing agent’s original statement unchanged. Put any calculations in a separate worksheet and link each calculation to a source record. The completed body corporate dispute costs guide explains how to analyse the categories. This ledger should preserve the inputs, not decide which amounts are legally recoverable.

Do not assume that disputing an amount suspends payment. Preserve proof of undisputed payments and obtain advice before withholding an amount.

Preserve repair, nuisance, access and safety evidence

For a physical-condition or conduct dispute, record the position without staging or exaggerating it:

• original dated photographs and videos;
• a factual incident log with dates, times, location and observed effect;
• maintenance requests and proof of delivery;
• contractor inspection notes, reports and quotations;
• invoices and payment records;
• insurance correspondence and claim references;
• access requests, denials and system logs where available;
• witness names and a note of what each person actually observed; and
• later changes showing whether the problem continued, worsened or was repaired.

Keep the widest original image before making a cropped working copy. Do not add objects to a scene, recreate an incident, edit timestamps, or ask a witness to adopt wording they did not use.

If there is imminent danger, loss of life, likely damage, termination of an essential utility service or denial of access, protect people and property first and obtain prompt route-specific advice. The CSOS practice directive treats those circumstances differently from ordinary inconvenience, but urgency still depends on provable facts.

Export communications as complete records

An isolated screenshot can hide the sender, timestamp, attachment, earlier context or later correction. Where possible:

1. export the complete relevant thread;
2. save attachments in their original format;
3. retain message headers or platform details;
4. record the account or device from which the export was made;
5. make a PDF working copy only after the native record is preserved; and
6. log calls separately with date, participants, reference number and a factual outcome.

The Electronic Communications and Transactions Act recognises data messages and directs attention to how they were generated, stored and communicated, how their integrity was maintained, and how the originator was identified. It does not make every screenshot accurate or conclusive. Preserve the context needed to assess reliability.

Preserve the internal and formal process record

CSOS generally requires proof that the scheme’s internal dispute-resolution mechanisms were attempted and exhausted. Preserve:

• the written complaint or resolution request;
• the exact relief or response requested from the scheme;
• proof of delivery;
• the body corporate or managing agent’s response;
• follow-ups and invitations to participate;
• proof of refusal, non-participation or the absence of a functioning scheme executive, if relevant; and
• any internal decision and the date it was received.

If the matter reaches CSOS or court, keep every form, attachment, acknowledgement, statutory notice, response, reply, conciliation record, adjudication order, enforcement document and court paper in procedural order. Preserve proof of service and delivery separately from the document served.

Since 1 April 2026, CSOS requires new dispute applications to be lodged through CSOS Connect. Earlier email-filed matters continue through the legacy process. Preserve the platform acknowledgement, reference number and exact uploaded bundle rather than relying only on a dashboard screenshot.

Request missing body corporate records in writing

Prescribed Management Rule 27 identifies records the body corporate must keep, including sectional plans, rules, resolutions concerning common property, consents, contracts, decisions, budgets, financial statements, insurance records and correspondence. On written request by a member, registered bondholder or authorised person, the rule generally requires other listed records within 10 days and the scheme rules within five days.

Make a focused request. Identify the record, date range and issue. Keep the request and delivery proof in the ledger. If the body corporate refuses access, record the refusal and reason without attempting unauthorised access. The CSOS Act includes a defined information-access remedy, but the correct next step belongs in the route analysis, not in the evidence ledger.

Treat disclosure and privacy as separate questions

Do not promise that a CSOS submission will remain confidential. The Act requires notice to the association and materially affected persons, and the practice directive states that applications and supporting material are shared through the process. Adjudication orders are publicly available.

Keep unredacted originals securely. Create a disclosure copy that removes unrelated identity numbers, bank details, access codes, children’s information or security-sensitive material where lawful and appropriate. Never redact a relevant fact deceptively. Ask for advice where privilege, privacy, security or another person’s information is involved.

Do not publish scheme records or residents’ information on social media as a preservation tactic.

Preservation check

• Every material event has a date and source record.
• Native originals are preserved separately from working copies.
• The current scheme rules and their source are recorded.
• Decisions and money entries are linked to their notices, authority and payment proof.
• Physical evidence is original, dated and not staged.
• Complete communications and attachments are retained.
• Internal and formal-process records include delivery proof.
• Missing records have written request and follow-up entries.
• Sensitive information is controlled without altering the original.

Legal disclaimer

This is general South African legal information and an evidence-organisation tool, not advice on admissibility, privilege, privacy, standing, jurisdiction, limitation, payment, urgency, settlement, litigation or the merits of a particular dispute. Scheme documents, deadlines, evidence and available relief are fact-specific. Obtain advice promptly where a formal notice, safety issue, disputed authority, active works, loss of access, threatened enforcement, CSOS order or court deadline is involved.

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