CSOS Order Categories

In terms of Section 39 of the Community Schemes Ombud Service Act, 9 of 2011, the CSOS can grant orders under any on or more of the following 7 headings:

Because all community schemes involve the sharing of financial responsibilities, it is inevitable that there will be conflict among owners as to how the association’s funds should be applied and how owner contributions should be calculated for any particular expense.

Because people who live, work and play in community schemes are often very close to one another in their accommodation, their parking of vehicles and their other shared use of the common areas, there is ample opportunity for them, their families, visitors and pets to annoy one another.

When one occupier behaves in such a way as to create a nuisance, brings problem or unauthorised animals into the scheme or irregularly attaches things to the common areas, the persons who are prejudiced are able to approach the CSOS for relief.

A community scheme’s governance documents are fundamental to its administrative operations and vital to the rights and obligations of its association and members.

In community schemes most of the member and executive committee decisions are taken at meetings or by written resolutions. These processes are therefore very important in the proper functioning of schemes.

Many community schemes employ the services of managing agents. A CSOS adjudicator can give three types of orders concerning managing agency services: Compliance with the terms of the contract, termination of an agreement in any type of community scheme, and the appointment of an executive managing agent for sectional title schemes.

The fact that associations and their individual members are liable to pay for repairs and maintenance of different parts of the land buildings means that every time a leak, electricity supply or other physical problem arises the question must be asked: “Who must do this work, and who must pay for it?” The differing views that arise in response to these questions very often lead to disputes.

The last category of orders covers those that do not fit neatly into any of the above groups.