When pursuing dispute resolution through the Community Schemes Ombud Service (CSOS), it is vital to understand the jurisdiction and requirements set forth by the CSOS Act. This article aims to provide valuable insights and guidelines to optimize the chances of a successful outcome when lodging a complaint and applying for an adjudication order through the CSOS.

CSOS Complainant

A CSOS complaint refers to a formal grievance lodged by an aggrieved person within a community scheme (such as sectional title developments, share block scheme and homeowners' associations) with the Community Scheme Ombuds Service (“CSOS”) in South Africa.

A CSOS complaint typically arises when a homeowner, tenant or any person with a legitimate interest in a community scheme believes that their rights have been infringed upon or that there has been a violation of the relevant legislation governing community schemes. The complaint can cover various issues, including but not limited to:

• Breaches of conduct rules: Allegations of behavior or actions that contravene the conduct rules established within the community scheme, such as noise disturbances, unauthorized alterations or improper use of common areas.

• Financial disputes: Disputes related to the management, administration or allocation of funds within the community scheme, such as misappropriation of funds, failure to provide accurate financial statements or improper budgeting.

• Governance issues: Concerns regarding the manner in which the community scheme is managed, such as improper election procedures, lack of transparency or conflicts of interest among the scheme executives.

• Maintenance and repair disputes: Complaints pertaining to the maintenance and repair of common property or shared amenities within the community scheme, such as inadequate maintenance, delayed repairs or disputes over responsibility for maintenance costs.

• Disputes with service providers: Grievances arising from conflicts or dissatisfaction with service providers contracted by the community scheme, such as security companies, maintenance contractors or cleaning services.

Legal Advice

Compiling a complaint and applying for the appropriate relief through CSOS can be a complex and daunting process. It is advisable that you seek professional legal advice from a specialist property attorney at the outset to maximise your chances of success. A competent specialist property law attorney will ensure that your complaint is properly, clearly and concisely drafted and supported by the necessary and relevant documents and scheme rules. A carefully considered and drafted complaint will significantly increase the likelihood of a favorable outcome in respect of a complaint lodged with CSOS.

A poorly drafted or constructed complaint can have dire consequences on the success of a CSOS complaint.

Choosing the Right Relief

It is crucial in any complaint to select the appropriate relief category as outlined in section 39 of the CSOS Act, as understanding which category aligns with the specific dispute or complaint is essential to obtain a successful outcome in respect of a complaint. There are seven ‘relief’ categories, namely:

• Financial Issues

• Behavioural Issues

• Scheme Governance Issues

• Meeting Issues

• Management Services Issues

• Works Issues

• General Issues

Avoid a Broad or ‘Shot-Gun’ Approach

Complainants often make the mistake of taking a shot gun approach in respect of the relief claimed in a complaint. Given the limited time allocated to each dispute, it is crucial to provide relevant information while avoiding unnecessary details to streamline the process. Excessive or irrelevant documentation should be avoided to ensure the efficiency of the process. A complaint should focus on the key issues that form the core of their dispute and asking only for orders that directly address the relief sought.

Submission of Supporting Documents

It is critical that a complaint is supported by all relevant documents supporting the case. This will strengthen a complaint and the complainants position and will assist the adjudicator's understanding of the dispute. Supporting documents may include, inter alia, scheme governance documents, applicable rules related to the dispute, relevant correspondence, etc. Organizing and presenting the necessary evidence in a comprehensive manner improves a complainants chances of success.

Conclusion

To maximize your chances of success, it is crucial to understand applicable legal principles pertaining to any complaint lodged with CSOS. By focusing on essential issues, selecting appropriate relief categories and submitting relevant supporting documents and scheme rules, a complaint can strengthen their position and maximise the potential for a successful outcome.

If you would like assistance in compiling or submitting a CSOS complaint, contact our offices today to speak to one of our specialist property law attorneys who have extensive experience in drafting and advising on CSOS complaints.