Introduction
The Community Schemes Ombud Service (CSOS) is a regulatory body established to assist individuals and groups in resolving disputes that arise within community schemes. These include developments such as sectional title complexes, homeowners’ associations (HOAs), share block companies, retirement housing schemes, and housing cooperatives.
Under the Community Schemes Ombud Service Act (CSOSA), a “community scheme” refers to any arrangement that involves shared use of or responsibility for parts of land or buildings. CSOS plays a critical role in providing accessible, cost-effective dispute resolution services for such shared living arrangements.
How Do You Lodge a Dispute with CSOS?
Any person who is directly affected by a dispute, be it an individual, trust, company, partnership, or other entity, may lodge an application with CSOS.
Here’s a step-by-step breakdown:
Initiate the Process
First, the concerned party must complete an initial inquiry. Once done, the formal Dispute Resolution Application Form must be completed in accordance with the CSOS Practice Directives and submitted together with the prescribed application fee.
Applications can be submitted:
- Via email (each CSOS office has a designated address available on the CSOS website)
- By hand delivery
- Via registered post
What Happens After Submitting?
Once the application is received, CSOS assesses whether the dispute:
- Falls within its jurisdiction
- Has exhausted internal dispute resolution mechanisms within the scheme
- Is fully supported by the necessary documentation
- Would be more appropriately dealt with in another forum (e.g., court or tribunal)
- Has met the deadline for providing any further information requested by CSOS
- Is affected by a denial of fee waiver (if applied for)
If the application passes this assessment, it proceeds to Conciliation.
Stage One: Conciliation
This is a more informal hearing facilitated by a CSOS-appointed conciliator, whose role is to help the parties reach an amicable resolution. Attendance by all involved or affected parties is encouraged. If the dispute is resolved, a settlement agreement is recorded.
However, if no agreement is reached, the conciliator issues a Notice of Non-Resolution, and the matter is escalated to Adjudication.
Stage Two: Adjudication
During adjudication additional investigations may be carried out, and supporting documents such as photographs, affidavits, or inspection reports can be submitted. A formal hearing is held, presided over by a CSOS-appointed adjudicator. The adjudicator considers all evidence and issues a binding order. Before this step, the applicant must pay the prescribed adjudication fee, failing which the referral will not proceed.
Conclusion
Life in community schemes often comes with shared responsibilities and, sometimes, shared frustrations. From levy disputes and noise complaints to parking issues and breaches of conduct rules, conflict is inevitable when people live in close quarters.
Having a dedicated, structured platform like CSOS provides a cost-effective, structured, and less adversarial way to resolve these issues, one that’s accessible to everyday South Africans.
For personalised advice tailored to your needs, consult an attorney at SchoemanLaw.
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