Legislation Overview
INDUSTRY JOURNAL Vol . 8
Legislation Overview
How best to work with CSOS
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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 , 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 your 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 .
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