The Community Scheme Ombud Service (CSOS) was established in terms of the Community Schemes Service Act (CSOSA), 2011 (Act 9 of 2011) where one of its aims is to regulate the community schemes by resolving disputes that are bought to the CSOS by an owner seeking relief for any issue found in section 39 of the CSOS Act.
The CSOS Adjudicator appointed to hear a dispute must investigate an application made for dispute resolution in terms of section 38 & 39 of the CSOS Act, must decide whether it would be appropriate to make the application an order. The adjudicator will 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 time (a) when the order takes effect; or (b) within which the order must be complied.
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 judgement handed down by that court. An adjudication for specific performance can only be enforced in the High Court, where such an order relates to an order that has no quantum or monetary value.
The adjudication order will have an implementation date. If the party against whom the order has been issued fails to comply with the adjudication order within the timeframe set, the person in whose favour the order is issued must approach the CSOS for the documents necessary to enforce the order.
The person in whose favour the order was issued must file with the Clerk of the Magistrates Court or the Registrar of the High Court the following documentation:
a.   A copy of the adjudication order certified by the Ombud as a true copy, if the original cannot be located.
b.   Any relevant forms required by the Magistrates or High Court must be completed.
c.   The court order to be endorsed by the Clerk of the Magistrates Court of the Registrar of the High Court.
Once the order has been issued and endorsed by the Clerk (or the Registrar) and allocated a case number, the party may submit the order to the Sheriff of the Court for execution. The CSOS will not be involved in this process, and the party will bear the costs related to the execution of the order.
An application for enforcement lodged with the Magistrates Court or High Court is not an appeal or a re-hearing of the merits of the original application. The order must be enforced as if it were a judgement of such a Court, and the Clerk /Registrar of the Court must on lodgement of a copy of the order, register it as an order of the Court.
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.