I remember studying the Roman Law maxim Communio est mater rixarum, which means “Co-ownership is the mother of disputes”. How true this is in community schemes!
In this article, we will take a look at how the Community Schemes Ombud Service (“the CSOS”) defines disputes in community schemes.
What is a dispute?
The Community Schemes Ombud Service Act (“the CSOS Act”) defines a dispute as being one in regard to the administration of a community scheme, between persons who have a material interest in that scheme, of which one of the parties is the association, owner or occupier, acting individually or jointly.
Which disputes do the CSOS deal with?
CSOS deals with a range of disputes, which fall within 7 different categories of the types of Orders that the CSOS appointed Adjudicator can make in dealing with an application for dispute resolution.
The CSOS deals with:
-
-
- 1. Financial issues such as the correction of unreasonable contributions;
-
- 2. Behavioural issues such as the removal of pets;
-
- 3. Scheme governance issues such as confirming that scheme governance provisions are invalid;
-
- 4. Disputes relating to meetings and resolutions such as the requirement that a scheme hold a meeting;
-
- 5. Management services, such as the appointment of an executive managing agent;
-
- 6. Physical works, such as the carrying out of repairs; and
-
- 7. General or other issues, such as access to information.
-
What happens if the dispute falls outside of the specified orders?
The types of disputes set out in the categories of orders that can be made is not an exhaustive list, and therefore the Chief Ombud of the CSOS may propose a suitable Order which the appointed Adjudicator can make in the circumstances.
If you are a trustee, owner, occupier in a sectional title scheme, and have any concerns or queries relating to this topic, feel free to contact the writer, Zerlinda van der Merwe, via email at consulting@paddocks.co.za or on 021 686 3950, for a non-obligation quotation.
Article reference: Paddocks Press: Volume 13, Issue 3.
Zerlinda van der Merwe is an admitted Attorney of the High Court, specialist Sectional Title Attorney (BA, LLB, LLM), Zerlinda brings a wealth of experience and forms part of the Paddocks Private Consulting Division.
This article is published under the Creative Commons Attribution license.
Recent Posts
Recent Comments
- Graham Paddock on Body Corporate Functions: Insurance
- Graham Paddock on Spending body corporate funds
- Graham Paddock on The Levy Clearance Certificate: The Body Corporate’s Cheap & Effective Weapon
- Graham Paddock on The benefits of online sectional title meetings
- Heinz Wiesner on The benefits of online sectional title meetings
Archives
- November 2024
- October 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- March 2009
- February 2009
- February 2008
- February 2007
2 Comments.
Thank you for your excellent guidance and articles on schemes. I am a BIG fan of your website – easy access and hugely informative and helpful.
Can I approach the CSOS Ombud if our Body Corporate has not registered with CSOS?
Hi Beulah,
Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
– We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
– We offer consulting via telephone for R490 for 10 minutes. Please call us on +27 21 686 3950.
– We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.
Kind regards
Paddocks