Corporate & Commercial Law News South Africa

CSOSA might soon be implemented

It is expected that the Community Scheme Ombud Service Act (CSOSA) will finally be implemented. Themba Mthethwa was recently appointed a the chief ombud of CSOSA.
CSOSA might soon be implemented
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Martin Bester, managing director of Intersect Sectional Title Services, says that CSOSA, along with the Sectional Title Schemes Management Act (STSMA), was assented to way back in June 2011, but is yet to be implemented.

"CSOSA aims to provide for the establishment of the community schemes ombud service and a dispute resolution mechanism for community schemes," says Bester. "The community schemes Ombud service must develop and provide a dispute resolution service; provide training for conciliators and adjudicators; regulate, monitor and control the quality of all sectional titles scheme governance documentation; and take custody of, preserve and provide public access to sectional title scheme governance documentation."

Sectional title schemes

"The STSMA on the other hand will seek to assist bodies corporate to manage and regulate sectional titles schemes, including the application of the rules and to establish a sectional titles schemes management advisory council."

According to Bester this advisory council will be tasked with making recommendations and advising the minister on the provisions of the Act and keep the implementation of the Act and the regulations under regular review.

"The Council will consist of no more than seven but no less than five members, of whom one must be the chief Ombud as referred to above; one must be a senior official of the department designated by the director-general; and the remainder must be persons appointed by the minister who must have skills, knowledge and experience in the management of a range of types of schemes," concludes Bester.

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