Here’s the lowdown on the situation:
Although the Community Schemes Ombud Service Act (CSOS) has been signed into law by the State President, it is not in operation yet and so the Ombud cannot resolve sectional title disputes as yet!
SO WHEN WILL CSOS COME INTO OPERATION?
CSOS will come into operation once the Regulations made under the Act have been enacted, which will be on a date to be determined by the President by proclamation in the Government Gazette.
In the interim though, Mr Themba Mthethwa has been appointed as the Chief Ombud.
Until CSOS comes into operation the Chief Ombud’s job is to establish the Ombuds-offices around the country and begin the recruitment and training of staff.
WHAT IS THE PURPOSE OF CSOS:
To regulate the conduct of residents within community schemes and to ensure the good governance of schemes. This includes the establishment of a dispute resolution service and the establishment of educational campaigns.
It also means that from the date that the Act comes into operation all documents dealing with sectional title, such as Sectional Title Rules, will be checked by the Ombud’s Office for reasonableness and enforceability before being registered.
WHAT OTHER NEW DEVELOPMENTS ARE THERE?
If you aren’t aware of it already, CSOS was signed into law at the same time as the new Sectional Title Schemes Management Act (STSMA), which will replace ‘certain parts’ of the Sectional Titles Act currently in force.
Like CSOS the STSMA is not in operation as yet & will only come into operation when enacted by regulation.
So in future there will be 3 Statutes:
The Sectional Titles Act, which will retain all the provisions and regulations concerning the registration (conveyancing provisions) and the surveying provisions relating to sectional title schemes;
The Sectional Title Schemes Management Act, which will contain all the management provisions relating to sectional title schemes that have been extracted from the current Sectional Titles Act, which contain a number of very interesting and exciting new provisions that I will deal with in future blogs; and
The Community Schemes Ombuds Services Act, which deals with dispute resolution and the like, but not only for sectional title schemes but all community housing schemes, including HOA’s and retirement schemes.
I hope the above provides some clarity but promise to keep you updated of developments in the future.
