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CSOS, the Community Schemes Ombud Service, regulates the conduct of parties within community schemes. You might have heard about the case of Balwin’s The Blyde. Balwin had a majority vote in the home-owners association (HOA) and used this to the disadvantage of the owners. CSOS can be approached if there is a conflict between parties of community schemes. In this case, CSOS clarified that the owners bought into the scheme with the knowledge of the constitution. It did however say that Balwin should act in the interest of all owners, not just themselves.
The CSOS was created under the Community Schemes Ombud Service Act, 2011 (Act No 9 of 2011).
What Does CSOS Do?
CSOS helps owners in sectional titles, estates, home owners associations (HOA) resolve disputes. These disputes can range from financial matters (e.g. levy disputes), noise complaints and trustees abuse of power. The ombudsman educates the public about the rules and regulations in schemes and checks that the law is followed.
How Does CSOS Work?
CSOS allows an owner to raise a complaint for mediation. This is normally done when the complaint to the community scheme has not been resolved.
For example, we had a case where an owner had a dog. The house rules stated that this was not allowed. The dog almost bit my son – and as concerned parents, we wanted action. The issue was not resolved by the body corporate. We decided to lodge a complaint with CSOS.
How do I lodge a complaint with CSOS?
If there’s a problem in your scheme, here’s what happens:
- Complete the Application for Dispute Resolution and send it to them. All proof should also be sent. For example, attach any evidence, proof of communication with the body corporate or any other relevant documentation.
- The Application is assessed to determine if the complaint is valid. If so, the matter is referred to Conciliation.
- Conciliation could start with a phone call (informal). If not resolved, a conciliation hearing will take place (formal). If it is not resolved, a notice of non-resolution will be issued and referred for adjudication.
- In the adjudication phase, a thorough investigation will take place, and the adjudicator will make a ruling.
Rulings can be enforced in a Magistrate’s Court if needed.
A full list of adjudication orders can be found on their website.
What does it cost to lodge a complaint?
It’s completely free to lodge a complaint.
How Do CSOS Levies Work?
All community schemes must register with CSOS. All units in a community scheme must pay a CSOS levy. The levy is calculated as 2% of your scheme’s monthly contributions, capped at R 40 per unit. Each scheme collects the levy from the owners and pays it to CSOS. The funds keep the service running.
Levies cover dispute resolution, compliance checks, and educational services.
Who Needs to Register with CSOS?
If you’re part of one of these, you need to register:
- Sectional title complexes
- Homeowners’ associations
- Share block companies
- Retirement housing schemes
- Housing cooperatives
Registration helps CSOS keep track of your scheme and make sure it follows the law. There could be legal recourse or penalties if community schemes do not register with CSOS.
Answers to Common CSOS Questions
Can I appeal an adjudicator’s decision?
Yes, but only under specific circumstances. You can appeal an adjudicator’s decision to the High Court, but it must be on a point of law, not because you disagree with the outcome. This means the appeal must show that the adjudicator applied the law incorrectly. It’s a good idea to get legal advice before proceeding with an appeal.
Can CSOS help with maintenance disputes?
Yes, CSOS can assist with maintenance disputes if they involve shared property or common areas in a community scheme. For example, if the body corporate is not maintaining the exterior of a sectional title building or if there’s a disagreement repairing responsibilities.
You’ll need to provide evidence of the issue and any prior attempts to resolve it with the scheme’s management.
What if my scheme refuses to follow CSOS ruling?
If your scheme doesn’t comply with a CSOS ruling or refuses to register, CSOS has the authority to take action:
- Non-compliance with a ruling: CSOS rulings are legally binding. If a party doesn’t comply, you can have the ruling enforced through the Magistrate’s Court.
- Failure to register: Schemes that don’t register with CSOS or pay levies can face penalties or legal consequences.
If you’re facing resistance, contact CSOS directly. They can guide you on the next steps to ensure compliance.
Conclusion
Living in a community scheme can get complicated. Rules, money, and people don’t always mix well. CSOS makes it easier to sort out issues, keep things legal, and make shared spaces work for everyone.
If you’re part of a scheme, check the CSOS homepage to see if your scheme is registered. Or use the CSOS online portal to file complaints or find out more.
