CSOS & scheme disputes

CSOS applications, adjudications and enforcement

The Community Schemes Ombud Service (CSOS) resolves disputes in sectional title schemes, homeowners’ associations and other community schemes. We prepare and argue CSOS applications for schemes, represent them at conciliation and adjudication, and enforce the orders that follow.

What the CSOS deals with

The Community Schemes Ombud Service Act 9 of 2011 gives the CSOS jurisdiction over a wide range of community scheme disputes, including financial issues such as levies and contributions, behaviour and nuisance, the use and maintenance of common property, meetings and governance, and the scheme’s rules.

How a CSOS matter runs

  1. Application: the dispute is lodged with the CSOS with the supporting documents and the relief sought.
  2. Conciliation: the CSOS first tries to help the parties settle. Many disputes resolve here, and a settlement can be recorded.
  3. Adjudication: if conciliation fails, the matter is referred to an adjudicator, who considers the written submissions and evidence and makes an order.
  4. Enforcement or appeal: an adjudication order for the payment of money can be enforced as if it were a judgment of the Magistrates’ Court, and a party may appeal to the High Court on a question of law.

Turning an order into payment

An adjudication order is only valuable if it is complied with. Where an owner ignores an order to pay, we take the steps needed to enforce it through the Magistrates’ Court, including warrants of execution and attachment orders. Read more in our guide to enforcing a CSOS adjudication order.

Choosing between CSOS and court

For some levy disputes, the CSOS is quicker and less costly than court. For others, particularly larger debts or owners who will not engage, a court summons leads more directly to enforceable judgment. We advise trustees on the better route for each matter.

Frequently asked questions

Is a CSOS adjudication order enforceable?

Yes. Under section 56 of the CSOS Act, an adjudicator’s order for the payment of money may be enforced as if it were a judgment of the Magistrates’ Court.

Can a CSOS adjudication order be appealed?

A party may appeal to the High Court against an adjudicator’s order, but only on a question of law, and the appeal must be lodged within 30 days of delivery of the order (section 57 of the CSOS Act).

Should a body corporate use the CSOS or the courts to recover levies?

It depends on the size of the debt, the owner’s conduct and how quickly the scheme needs an enforceable order. We assess each matter and recommend the route most likely to lead to payment at a sensible cost.

This page is general information, not legal advice. Contact us about your scheme’s circumstances.

Call us Email Free consultationBook