The CSOS website (http://www.csos.org.za), on
its homepage, contains information regarding
the process to fol ow to lodge a dispute, the
prescribed application-for-dispute-resolution
form, information regarding the legal
enforceability of the CSOS' adjudication orders
and the key contacts.
We found the process of completing the
application form and lodging the dispute quite
user-friendly.
Section 39 of the CSOS Act lists the relief which
a party may seek in his/her/its application. The
list is comprehensive and may be of a financial
nature (such as any insurance issue, levy
disputes, accounting disputes, payment
and/or re-payment of contributions), or may
relate to behavioural issues (such as nuisance
caused by a resident's behaviour or an animal),
or may be in respect of scheme governance
issues (such as recording new scheme
governance provisions or invalidating a
provision), or may relate to meetings (such as
an order to force the governing body to hold
a meeting, or to dispute the validity of a
meeting or the validity of a resolution passed
at a meeting) or may be lodged in respect of
management services (code of conduct,
appointment/dismissal of managing agent) or
may relate to repairs and maintenance of
private areas and common areas.
An adjudication order made by the CSOS are
as enforceable as an order made by a
Magistrate Court or High Court, depending on
the quantum or nature of relief granted in the
determination.
In the event of non-
compliance with an adjudication order, the
party in whose favour the order has been
issued must approach the CSOS to obtain a
copy of the Notice to the Clerk/Registrar of the
Court, a copy of the summary of the
adjudication order and a copy of the Writ of
Execution,
for
submission
to
the
Clerk/Registrar of the Court.
Once the
Clerk/Registrar has issued the Order, the
normal court process for the Execution of the
defaulting party's property wil fol ow (Section
48 of the CSOS Act).
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