The CSOS was established in terms of the Community Schemes Service Act, 2011 (Act 9 of 2011). When disputes arise within a community scheme a dispute resolution process should begin first with the scheme executives and then if no resolution is possible the parties to the dispute should turn to the CSOS dispute resolution process for relief, where the CSOS will appoint an adjudicator to rule on the dispute. The question then arises as to how an adjudication order made by the adjudicator is enforceable by the applicant.
The CSOS Adjudicator must investigate an application made for dispute resolution in terms of section 38 & 39 of the CSOS Act to decide whether it would be appropriate to make an order.
The adjudicator must then make an order granting or refusing each part of the relief sought by the applicant. An order may require a person to act, or refrain from acting, in a specified way. The order may contain such ancillary and ensuing provisions as the adjudicator considers necessary or appropriate. The order must set the date and time-
(a) when the order takes effect; or
(b) within which the order must be complied with.
 An adjudicator’s order, may in terms of section 56 of the CSOS Act, be enforced in the Magistrates Court or the High Court as if it were a judgment handed down by that Court. An adjudication order for specific performance, can only be enforced in the High Court. An adjudication order for specific performance, relates to an order that has no quantum or monetary value.
The person in whose favour the order was issued must file with the Clerk of the Magistrates Court or Registrar of the High Court the following documentation:
a copy of the adjudicator’s order certified by the Ombud as a true copy, if the original cannot be located.
any relevant form/s required by the Magistrates Court or the High Court to be completed.
the court order to be endorsed by Clerk of the Magistrates Court or Registrar of the High Court.
Once the Clerk of the Magistrates Court or Registrar of the High Court has issued the order and allocated a case number, the party may submit the order to the Sheriff of Court for further execution.
Information about the CSOS, the CSOS Legislation, the various practise directives pertinent to community scheme living issued by the CSOS Ombud, their address and contact details, and the role the CSOS plays in the management of community schemes and dispute resolution between parties through mediation and adjudication, can be found on the CSOS Website www.csos.org.za , or can be obtained from Whitfields by emailing info@whitfields.co.za or by contacting your scheme’s customer service consultant.