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