Did you know: A CSOS adjudicator’s order can be made an order of the high or magistrates court, so that the creditor or successful party can proceed to enforce their proven claim using the machinery of the court system.
Other than provide dispute resolution, the CSOS exists to:
- provide training for CSOS conciliators, adjudicators and other employees;
- regulate, monitor and control the quality of all sectional titles scheme governance documentation; and
- take custody of, preserve and provide public access electronically or by other means to sectional title scheme governance documentation.
The Minister of Human Settlements has the power to extend the CSOS’ mandate in regard to regulation, custody, preservation and quality control of the governance documentation other than sectional title schemes, but has not done so as at February 2021.
In performing its functions the CSOS must:
- promote good governance of community schemes;
- provide education, information, documentation and such services as may be required to raise awareness to owners, occupiers, executive committees and other persons or entities who have rights and obligations in community schemes, as regards those rights and obligations;
- monitor community scheme governance;
and the CSOS has the power to deal with any other matters to give effect to the objectives of the CSOS Act.
The CSOS must develop and developer or identify training courses for owners, occupiers, executive committees and other persons who have rights and obligations in community schemes.
Right of appeal
In terms of section 57 of the CSOS Act:
(1) An applicant, the association or any affected person who is dissatisfied by an adjudicator’s order, may appeal to the High Court, but only on a question of law.
(2) An appeal against an order must be lodged within 30 days after the date of delivery of the order of the adjudicator.
(3) A person who appeals against an order, may also apply to the High Court to stay the operation of the order appealed against to secure the effectiveness of the appeal.
In terms of section 52 of the CSOS Act:
The applicant and any other relevant person are not entitled to legal representation during the adjudication process unless—
(a) the adjudicator and all other parties consent;
(b) or the adjudicator, after considering—
(i) the nature of the questions of law raised by the dispute;
(ii) the relative complexity and importance of the dispute; and
(iii) the comparative ability of the parties to represent themselves in the adjudication, concludes that it would be unreasonable to expect the party to deal with the adjudication without legal representation.