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COMMUNITY SCHEMES
Having lived in a secu OMBU
rity complex for th D
e pastSER
12 years, I VICE
have practical
experience in the sometimes-challenging relationship between the body
corporate of a sectional title scheme and the residents/owners.
On 7 October 2016 the Sectional Title Schemes Management Act (Act 8 of 2011) and the Community
Schemes Ombud Service Act (Act 9 of 2011) were promulgated. The Acts and its Regulations are
worth a read by owners/residents of sectional title units and home owner association schemes and
a must-read for trustees of a body corporate/home owner association. The Acts and Regulations
are available to download at http://www.csos.org.za/regulations.html.
In terms of these Acts, the Community Schemes Ombud Service (CSOS) came into operation, also
on 7 October 2016. The CSOS is now the regulatory authority for all community schemes in South
Africa and its mandate is, amongst others, to regulate the conduct of parties within community
schemes, to ensure their good governance and to provide a dispute resolution service.
We were recently given the opportunity to test the dispute resolution service offered by the CSOS
on instruction by a client.
In terms of Section 38 of the CSOS Act, any person in a community scheme may make an application
to the CSOS for the resolution of a dispute, if such a person is a party to, or is materially affected by
a dispute.
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