The fact that owners and the association are liable to pay for repairs and maintenance of different parts of the land and 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.
In terms of section 39 (6) (a) of the CSOS Act, an application may be for:
“(a) an order requiring the association to have repairs and maintenance carried out;”
It often occurs that an owner or occupier in a community scheme believes that it is the association’s responsibility to have certain repairs and maintenance carried out and paid for from its fund, but the scheme executives refuse or fail to do so. Sometimes the scheme executive’s failure is not because they dispute the association’s liability, but because they believe that there is other work that should take priority. In other words, their view is “We will do the work, but not now…”.
A person who believes that the association’s failure or refusal to do the work is unreasonable can apply the CSOS for an adjudicator’s order compelling them to do so.
The application should include details of the work to be done, including the anticipated costs, and indicate how the association is expect to fund the costs. It may be sensible to include one or more quotes for the work, to show the amounts involved as well as how they may be funded (from reserves, borrowings or owner contributions / levies).
The order would usually be expected to take effect immediately, specify the work to be done (perhaps by reference to a scope of works set out in a quotation) and order the association or person to raise the funds, if necessary, have the work done at its or their expense within a specified period.
An example of the type of order the CSOS could give is: An example of the type of order the CSOS could give is:
That the directors of the Umhlanga Dunes Share Block scheme must arrange for the re-surfacing of the scheme’s two tennis courts and the re-surfacing of the interior of its swimming pool within a period of three months from the date of this order, which takes effect immediately.
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.
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