The ever changing role of CSOS
25 October 2024 | Zerlinda van der Merwe
These days, when dealing with pretty much anything to do with the Community Schemes Ombud Service (“CSOS”), I’m reminded of the TV show “Whose Line Is It Anyway?”, where Drew Carey and his crew of stand up comedians would take suggestions from a live audience and act out improvisations on stage. I was always fascinated by how quick these comedians could think on their feet, and be really funny while doing so.
So, am I saying that my dealings with CSOS matters are funny? No, on the contrary, some have been truly heartbreaking. What I’m saying is that of late the CSOS have been making up the rules of the game as they go. It’s almost daily that there is a new requirement, new process, new “rule” in place, all without Practice Directives or amendments to the Community Schemes Ombud Service Act.
I attended a pretty decent Special General Meeting (“SGM”) on behalf of a body corporate recently, and an owner advised that they had met with a “consultant” at CSOS, who looked through their documents and had given advice, noting that the CSOS would definitely rule in their favour. Consultant? Advice? Guaranteed outcomes? All after just looking at one side of the story. Interesting. After giving my advice at the SGM, contrary to what the CSOS had advised, but strictly in accordance with the Sectional Titles Schemes Management Act, chapter and verse, the owner advised that I am not the CSOS and that she will go and consult with the consultant at CSOS again.
Wow! I’m positive that there are a scary number of similar stories to be shared, but when is story time over?
CSOS recently sent out a communication “advising” stakeholders to not approach “middle men” and to not pay for what the CSOS does for free. What middle men are you referring to CSOS? Mediators, Attorneys, Consultants, Trustees, Directors, Managing Agents, Arbitrators for Home Owners Association matters? The very process of internal dispute resolution required by the CSOS Act and process, the exhaustion of internal remedies?
I cannot share enough the frustration we as a team, a community, an industry face because of the constant whiplash we are experiencing being caused by the CSOS and its constant state of flux.
Let's rise up together and question this situation that is being forced upon us!
As per the requirements, exhaust all internal remedies before going the CSOS, and if you find yourself on the CSOS route, PLEASE be informed at the very least, otherwise you will not have your 15 minutes of fame.
Need our help? Don’t hesitate to contact us today on 061 536 3138 or at info@tvdmconsultants.com for community scheme related advice.
About the Author:
Zerlinda van der Merwe is a Community Scheme Consultant as well as she is the co-founder of TVDM Consultants, to learn more about Zerlinda and her involvement within the community scheme industry, click here.