The CSOS was established in terms of the Community Schemes Service Act (CSOSA), 2011 (Act 9 of 2011) to regulate the conduct of parties within community schemes and to ensure good governance of all community schemes as defined in the Act. All community schemes are required in terms of the CSOSA to register with the CSOS and to provide at the time of registration to the CSOS, their schemes governance documentation.

Section 4 of the CSOS Act, 9 of 2011 (“the Act”) gives the Community Schemes Ombud Service (“CSOS”) the legislated power and responsibility when it comes to sectional title scheme governance documentation, including any changes to the conduct and management rules of the scheme.

The CSOS’s functions as stated in Section 4 of CSOSA include:

• To develop and provide a dispute resolution service.
• To regulate, monitor and control the quality of all sectional titles scheme governance documentation and such other scheme governance documentation as may be determined by the Minister.
• Take custody of, preserve, and provide public access electronically or by other means to sectional title scheme governance documentation including body corporate rules and other scheme governance documents.
• Checking, approving, and certifying changes to Body Corporate rules.

In terms of the regulations of the CSOSA, Home-owners’ Associations (“HOA’s”) must furnish their governance documentation to the CSOS as part of their CSOS registration process. Should an HOA amend their governance documentation they must communicate any such amendments to the CSOS by submitting the requisite documentation.

However, the Minister has not yet issued the requisite legislative notice giving the CSOS jurisdiction over the governance documentation of HOAs, retirement developments or any other type of community scheme that is not a sectional title scheme. This means that some of the CSOS functions do not currently apply to HOAs or any other types of community schemes, but it does not mean that the CSOS has no powers regarding the content of an HOA’s governance documentation. In terms of section 39(3) of the Act, a CSOS adjudicator has the power to issue certain orders pertaining to any community scheme’s governance documentation and does have the legislative power to judge the validity of the content of these documents, but only in the context of a dispute that is referred to the CSOS for resolution.

Information about the CSOS, their address and contact details, and the role the CSOS plays in the management of community schemes may be found on the CSOS website – www.csos.org.za