The Community Schemes Ombud Service Act provides a framework for resolving disputes within community schemes, ensuring that the rights of all parties are protected. A dispute, as defined by the Act, relates to the administration of a community scheme and involves individuals with a material interest in the scheme.
Types of Disputes Handled by the CSOS
The CSOS deals with various types of disputes, categorized into seven types of orders that an Adjudicator can make:
1. Corrections of unreasonable contributions and financial issues: Resolving disputes related to financial matters, such as contributions and levies.
2. Removal of pets and behavioural issues: Addressing concerns related to pets and their behaviour within the community scheme.
3. Confirming invalid scheme governance provisions: Resolving disputes related to the governance of the community scheme.
4. Disputes related to meetings and resolutions: Addressing concerns related to meetings and resolutions within the community scheme.
5. Appointment of executive managing agents and management services: Resolving disputes related to the appointment of managing agents and management services.
6. Repairs and maintenance: Addressing concerns related to repairs and maintenance within the community scheme.
7. General issues, including access to information: Resolving disputes related to access to information and other general issues.
The Dispute Resolution Process
The CSOS dispute resolution process involves several steps:
Step 1: New Applications
The process begins with the submission of a completed Application for Dispute Form, which should detail all necessary information relating to the dispute. Applications can be lodged in person or via email, depending on the region.
To submit your application via email, please use the following email addresses:
- For Gauteng, Northwest, and Limpopo: gp-complaints@csos.org.za
- For Kwa-Zulu Natal, Mpumalanga, and Free State: kzn-complaints@csos.org.za
- For Eastern Cape, Western Cape, and Northern Cape: wc-complaints@csos.org.za
Step 2: Assessment
The application is assessed to determine its validity. The CSOS may reject the application if:
- The disputed issue is not within the CSOS jurisdiction.
- The internal dispute mechanism processes of the community scheme have not been fully utilized.
- The applicant fails to provide additional information within 14 days.
- The matter can be better dealt with by another authority, such as a court of law or tribunal.
- The application for waiver of adjudication fees is rejected.
Step 3: Conciliation
If the application is valid, the CSOS may attempt to resolve the dispute through conciliation. This can be done informally through a telephone call or formally through a conciliation hearing.
Step 4: Investigation and Adjudication
If conciliation is unsuccessful, the dispute is referred for investigation and adjudication. The CSOS investigator will gather additional information, review relevant laws, and conduct inspections as necessary. The dispute is then presented at an adjudication hearing, where the Adjudicator will consider all evidence and make a determination.
Enforcement of Adjudicator's Orders
The orders of the Adjudicator are enforceable, even in the Magistrate's Court or High Court, depending on the nature of the relief provided.
Conclusion
The Community Schemes Ombud Service Act provides a framework for resolving disputes within community schemes. By understanding the types of disputes handled by the CSOS and the dispute resolution process, parties can navigate the system more effectively.
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