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The Community Schemes Ombud Service (CSOS) is governed by the Community Schemes Ombud Service Act (CSOS Act), and the mandate of the CSOS is to regulate the conduct of parties in community schemes and to ensure their good governance.
But this mandate is meaningless if there is no buy-in from the public and if the processes are not followed by community schemes as set out by the CSOS.
Here are a few useful tips on how to work with the CSOS and to ensure that they provide you with the most efficient and timeous service
- First and foremost peruse the CSOS website (www.csos.org.za) – there is a plethora of information ranging from past adjudication orders to articles, and YouTube videos explaining the various types of legislation and practice directives. This is especially important as these are the operational guidelines of the CSOS – on how to lodge a dispute, how to submit your scheme governance documentation, and which supporting documents you require, etc. Each of these is listed under its own category on the website.
- The second very important aspect is to get to know the relevant management team in a particular department, as you can then escalate to a manager or an executive or an ombud should you not receive a response within the given time frame and after you have lodged your application with the generic email. These details can be obtained from the CSOS – just give them a call.
- Thirdly, it is of utmost importance that you understand section 39 of the CSOS Act, as this lists the issues on which you can lodge a dispute, and only on these issues. CSOS is a creature of statute and cannot act outside of the CSOS Act and Regulations, including the STSMA and Regulations. Please peruse section 39 carefully and align your dispute application accordingly and, most importantly, align the relief that you are seeking, which must fall within the ambit of section 39. (This section is very easy to read, and you do not have to be a lawyer to understand it!)
- Lastly, the CSOS is a frontrunner in the field of providing training, education and awareness, and they are always on the road bringing the law to the people – I encourage community schemes to attend these seminars and roadshows in your respective provinces as you will get to know the colleagues in the various departments and put a face to a name. Just give them a call and they will let you know when they will be in your province or town.
If you follow these guidelines, you’ll understand that the aim of CSOS is to have an empowered stakeholder in every community scheme across South Africa.’
The CSOS website includes a fair amount of information and documentation required for HOAs and BCs, including their service charter, which sets out timelines – for example, the dispute resolution process from start to finish is allocated 90 days. Should you wish to submit your rules for quality assurance, the process from start to finish is 30 days.
