Cost effective dispute resolution for community schemes sector

NAMA meets with CSOS: pictured at the meeting are (from left) Khwezi Ngwenya, Coenie Groenewald, Marco De Oliveira, Themba Mthetwa, Advocate Nomazotsho Memani, Marina Constas, Dinkie Dube, Ndivhuo Rabuli and Brad Cowie

Constas was recently invited to be part of the Department of Human Settlements’ delegation at the Council of Provinces’ Select Committee hearing on the CSOS Act. A director of BBM Attorneys and author of Demistifying Sectional Title, Constas acted in a support role to the delegation in parliament, offering input on questions from the different political parties relating to the legal aspects of the Act and regulations. Constas was also involved in the National Association of Managing Agents' meeting with the executive of CSOS.

Proclamation expected within three months

“With the proclamation of both the CSOS Act and the Sectional Titles Schemes Management Act imminent, cooperation like this is very positive. It is extremely encouraging that the ombud and his team are engaging with important industry stakeholders, so that they will be well placed to resolve disputes in community schemes once these Acts are proclaimed,” Constas states. She reveals that this proclamation is expected within the next three months.

CSOS was established to resolve or adjudicate any complaint lodged with it regarding community schemes, including sectional title developments like townhouses and flats, shareblock companies, retirement villages and homes or property owners’ associations.

“This service will have a very positive impact on the community schemes sector, where, in the past, there has been a lack of cost effective dispute resolution options. With the costs of litigation and arbitration becoming prohibitive, mediation is becoming an increasingly popular alternative for resolving disputes in the South African sectional title industry,” Constas concludes.