Understanding the Community Scheme Ombud Service (CSOS)
Understanding the Community Scheme Ombud Service (CSOS): A Guide to Resolving Disputes in Community Schemes
Living in a sectional title scheme, or home owners association, offers many benefits, but it also comes with its fair share of 'complex' challenges. Disputes among residents, issues with levies, and disagreements over common property usage are not uncommon. Fortunately, South Africa has a dedicated body to help resolve these disputes - the Community Scheme Ombud Service (CSOS). In this article, we'll delve into how CSOS works, what types of matters they can assist with, and the process for resolving disputes.
What is CSOS?
CSOS is a statutory body established in terms of the Community Schemes Ombud Service Act. Its primary purpose is to provide a dispute resolution service for community schemes, including sectional title schemes, homeowners' associations, and share block companies. CSOS aims to promote harmonious living and the effective management of community schemes.
What can you refer to CSOS?
CSOS can assist with a wide range of disputes and issues that arise in community schemes, including:
Levies: Disputes related to the payment of levies, special levies, and the calculation thereof.
Meetings: Disagreements regarding the conduct of meetings, including the election of trustees and decisions taken at meetings.
Rules: Disputes over the interpretation and application of the rules of the scheme.
Pets: Issues regarding the keeping of pets in the scheme.
Maintenance: Disputes regarding the maintenance and repair of common property.
Behaviour: Complaints about the behaviour of residents or occupiers.
Financials: Disputes related to the financial management of the scheme.
How does the process work?
Submission of Dispute: The process typically begins with the submission of a dispute application to CSOS. This application should outline the nature of the dispute and the relief sought.
Appointment of Adjudicator: CSOS will appoint an adjudicator to facilitate the resolution process. The adjudicator will review the application, gather information from all parties involved, and attempt to facilitate a resolution through mediation or other means.
Adjudication: If mediation is unsuccessful, the matter may proceed to adjudication. The adjudicator will consider all the evidence presented and make a decision based on the merits of the case.
Enforcement: CSOS's decisions are binding and enforceable. Failure to comply with a CSOS order can result in penalties and/or action being taken against the person through the courts and sheriff’s office.
Conclusion
CSOS plays a crucial role in promoting peaceful and harmonious living within community schemes. By understanding how CSOS works and the process for resolving disputes, residents can effectively address issues and ensure that their rights are protected. If you are experiencing difficulties in your sectional title scheme, or home owners associaition, consider reaching out to CSOS for assistance.
For expert advice on community schemes (Sectional Title / Homeowner Associations / Shareblocks etc), contact Solver Property Services today.
Disclaimer: Kindly note that the above article is merely for information, and is not intended to be comprehensive, to provide legal advice or to assist Community Schemes with the discharge of their fiduciary duties. It does however cover some important aspects on trustee responsibilities, Body Corporate and Homeowners Associations, and more.
Solver is amongst the larger property managing agent companies in South Africa and have been managing community schemes effectively since 2005. High-rise sectional title buildings, Homeowners Associations, share blocks, apartments etc, we manage it all. For more information, please contact 010 822 2882. Solver Property Services has a team of experienced Property Managers / Managing Agents that can assist you
