By Lavona Appanna / Associate / Mooney Ford Attorneys 

Disputes within community schemes are often emotionally charged. Whether the issue concerns unpaid levies, maintenance responsibilities, trustee decisions, conduct rules or governance concerns, many owners are unaware that they have access to a specialised dispute resolution mechanism created specifically for community schemes.

The Community Schemes Ombud Service (“CSOS”) was established in terms of the Community Schemes Service Ombud Act 9 of 2011 to provide an accessible and cost-effective dispute resolution process for qualifying disputes. However, understanding the process and preparing properly before lodging an application is essential.

Step 1: Attempt to Resolve the Dispute Internally

Before approaching CSOS, an applicant must first attempt to resolve the dispute internally with the trustees, managing agent or governing body of the scheme.

Many disputes can be resolved through proper communication, without the need for formal proceedings. Owners should keep a record of all correspondence, meeting minutes, notices, photographs and any other documents relevant to the dispute, as these may later form part of the evidence before CSOS.

Step 2: Identify the Nature of the Dispute

CSOS deals with disputes relating to community schemes across several categories, including:

• financial issues;
• behavioural issues;
• governance issues;
• management services;
• works issues; and
• general issues.

Identifying the correct category of dispute will assist an applicant in determining the relief required and ensuring that the application is properly formulated.

Step 3: Prepare Your Application

A successful CSOS application requires more than simply setting out a complaint. The applicant should clearly explain:

• the background to the dispute;
• the relevant facts;
• the supporting evidence; and
• the specific order or relief sought from the adjudicator.

The strength of an application often depends on the quality of the evidence presented and whether the relief requested falls within the powers of a CSOS adjudicator.

Step 4: Conciliation

Once an application has been accepted, CSOS will generally attempt to resolve the dispute through conciliation.

Conciliation provides the parties with an opportunity to negotiate a resolution with the assistance of an independent conciliator. Many disputes are resolved at this stage without the need for formal adjudication.

Step 5: Adjudication

If the dispute cannot be resolved through conciliation, the matter may proceed to adjudication.

An adjudicator will consider the evidence and submissions from the parties before issuing a written decision. CSOS adjudication orders are legally binding and may require a party to take a specific action, refrain from certain conduct, or comply with their obligations in terms of the applicable legislation or scheme rules.

Such orders may be enforced in the same manner as orders of a court.

Final Thoughts

CSOS has significantly changed the manner in which disputes within community schemes are resolved by providing owners and occupiers with a specialised and accessible dispute resolution process.

However, the success of a CSOS application depends largely on proper preparation, relevant evidence and requesting appropriate relief. Understanding the process before lodging an application can make the difference between effectively enforcing your rights and having your application dismissed or delayed.

For further information regarding the dispute resolution process, application requirements, prescribed fees and available resources, visit the official Community Schemes Ombud Service website at www.csos.org.za.

Knowing your rights is important. Knowing how to enforce them is even more important.