The CSOS, established in terms of the Community Schemes Ombud Service Act regulates the conduct of parties within community schemes and to ensure good governance practice in community scheme. The CSOS issues practice directives during the year that inform all stakeholders about a particular subject matter that is pertinent to the operations of Community Schemes.

On the 10th of November 2022, the CSOS released version 1 of the CSOS Practice Directive on the Protection of Personal Information and Access to Personal Information in a Community Scheme in terms of section 36 of the CSOS Act.

The objective of the Practice Directive is to provide information on the protection of Personal Information and access to Personal Information relating to the administration of a Community Scheme

The underlying aim of this Practice Directive in relation to Personal Information is:

• To ensure that Personal Information of the members and/or residents of units or homes in the Scheme is collected, stored, and managed responsibly by not only the Scheme executives and managing agents, but also by unit-owners;
• To protect the rights of the owners or residents not to have their personal information abused or compromised by having the information shared arbitrarily and irresponsibly with anyone without the Data Subject (holder of Information) authorization; and
  to regulate access by members and/or residents of Schemes to certain information within their respective Schemes.

In achieving these objectives, the CSOS will adhere to best practices in the processing and management of information as outlined in the POPIA by ensuring that Scheme members and/or residents’ Personal Information are protected and that every member and/or resident of a Scheme is entitled to receive certain information concerning the administration of the Scheme authorised by the CSOS Act and STSMA.

It should be noted that the CSOS, in the context of Community Schemes, work on the premise that a member of a Scheme is deemed, by virtue of ownership or occupation of a unit within a Scheme, to have consented to his or her personal information being stored and/or shared with the relevant parties by the Board of Trustees or any governance structure of a Scheme for the purposes of managing the affairs of the Scheme and that the processing of information of a member of a Scheme, must only be limited to the management of the Scheme such as collection of levies, compliance with Scheme Rules, maintenance, and security of the Scheme.
Information regarding this practise directive can be found on the CSOS Website, or the directive itself can be obtained from Whitfields by emailing info@whitfields.co.za or contacting your customer service consultant.

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