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CSOS DISPUTES

The Community Schemes Ombud Service (CSOS) came into existence on 7 October 2016 by virtue of the Community Schemes Ombud Service Act (the CSOS Act) with its headquarters located in Gauteng where the Chief Ombud presides over its operations. The rest of the country is divided into three areas under the control of Ombuds with their main offices located in Cape Town, Sandton, and Durban respectively.

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Disputes that arise in community schemes as defined in the CSOS Act (where sectional title schemes are but one of six community schemes) are referred to the Ombuds presiding in respect of the areas where the disputes arise. The disputes are resolved by full-time and part-time adjudicators in terms of the provisions of the CSOS Acts and they issue Orders regarding their decisions and conclusions in each dispute. The adjudicators are bound to issue those orders that are prescribed in section 39 of the CSOS Act and so it is important to understand that as a fundamental premise for any application to CSOS to resolve a dispute.

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I have been in private legal practice for 43 years, mostly as a practitioner in property law which included sectional title law. Since the inception of the CSOS Act, I have also been involved in lodging applications with CSOS to resolve disputes on behalf of owners of units in sectional title schemes. I was also employed as a part-time adjudicator in Cape Town for two years in which I resolved a diverse number of disputes.

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Below appears a selection of Orders which I issued regarding such resolved disputes. I have therefore been on both sides of the divide and have consequently attained the requisite experience and insight to be of assistance to sectional title owners or bodies corporate.

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If you are currently embroiled in a dispute it is important that you seek the right guidance in how your application should be formulated so that you don’t end up failing to persuade the adjudicator to grant you the relief which your case warrants. Phone me at 083 270 4087 for a brief discussion to determine your prospects of obtaining the relief you want.

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© 2018 by William du Toit

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