
18 Oct How to lodge a CSOS application successfully: 7 Critical questions answered
The Community Schemes Ombud Service (CSOS) was established in terms of the Community Schemes Service Act 9 of 2011 to regulate the conduct of parties within community schemes and to ensure their good governance.
When an owner or occupier has a dispute relating to the administration of that scheme, they are able to approach CSOS for assistance to resolve such dispute.
Not many owners know and understand when to lodge a dispute with CSOS and here are points to lodge a successful dispute application with CSOS.
Here are 7 critical questions (and answers) on how to lodge an application with CSOS successfully:
What legislation governs CSOS applications?
- Community Schemes Ombud Service Act No. 9 of 2022.
Who are the CSOS Adjudicators?
- All adjudicators at CSOS are either attorneys or advocates.
Who can make an application?
- Any person who is party or materially affected by the dispute, i.e. An occupant or tenant.
- It is important to note that the Section 38(1) of the Act excludes an application to be made against the developer.
What must be included in the application?
- It is important to clearly outline the relief you are seeking
- Also detail the grounds on which you are seeking relief
What are the grounds of relief?
- Section 39 divides the grounds of relief into 7 categories: namely:
- Financial
- Arrear levies.
- Audit the financial statements of the scheme if this has not been audited.
- Behavioral
- Requiring a person to refrain from causing a nuisance.
- Removal of animal being kept in scheme in contravention of conduct rules.
- Scheme governance meetings
- Requiring scheme to approve and record new scheme governance provision.
- Requiring scheme to call a general meeting to discuss specified matters.
- Management Services
- Where managing agent needs comply with terms of contract
- Works pertaining to private and common areas
- Requiring scheme to attend to repairs and maintenance issues
- Refusal to grant owner certain rights over certain parts of common area
- General and other issues
- Wrongfully denied access to information
- Disconnection of water, electricity at unit
- Section 39(7)(b) makes provision for grounds not listed in Section 39 of the Act
- Financial
What does the process of application involve?
- The application for dispute resolution can be found on the CSOS website.
- The application can be completed online and sent along with accompanying documentation to CSOS.
- You can also write and submit an application separately with supporting documentation.
Why applications get rejected?
- Applicant does not transmit response to Ombud within 14 days to proceed with application.
- Application is misconceived or without substance.
Author: Danielle Crewe, Senior Property Manager (Sectional Title)