Other orders proposed by CSOS chief ombud

The types of dispute types described above are not the only types of administrative disputes that may arise in a sectional title scheme. Accordingly there is provision for the chief ombud to propose other suitable orders, which adjudicators will then be able to give.

In terms of section 39(7)(b) of the CSOS Act, an application may be for:

“any other order proposed by the chief ombud”.

However, it must be remembered that according to the definition of a “dispute” in the CSOS Act, the CSOS only has power to deal with disputes “in regard to the administration of a community scheme”.

Examples of the types of additional orders the CSOS could give if they were proposed by the Chief Ombud are orders:

  • Requiring the formal amendment of a plan filed at a surveyor-general’s office which forms part of the scheme’s governance documents;
  • Obliging the association to issue a clearance certificate necessary to allow an owner to transfer his or her property;
  • Prohibiting an owner or occupier from using a private area or a part of the common areas subject to exclusive use rights for a particular purpose that is not allowed under a relevant town planning scheme or the scheme’s governance documents;
  • Obliging the scheme executives to consider and decide a particular issue within a specified period.

The phrasing of this type of order would depend on the exact wording of the chief ombud’s proposal.

If you would like to see the whole of the Community Schemes Ombud Service Act, 9 of 2011, including the full text of chapter 3 that covers applications, you can access this from Paddocks’ resource library.

Do you have concerns about your matter, need assistance completing your application, or want a sectional title Consultant to review your application before submission? Have a look at the Paddocks’ Consulting page.

For general help on the CSOS, including the special meanings of the words and phrases “association”, “common area”,  “dispute”, “executive committee”, “owner”,  and “scheme governance documentation” see the CSOS Information page.

Needing other assistance? Have a look at our Paddocks assistance page, which includes the helpful application guide explanation, for more information.

Would you like to make an application for this type of order?

If this is the correct order for your issue, the next step would be to make an application.

You can capture your application information online here, or download the form to complete offline later.

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