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Time and again in our work we receive questions with regards to Community Schemes and the Schemes Ombud (CSOS).
In this brief article, we will address a few of the pertinent questions that we receive from some of our clients and members of the public at large.
In the event where more than one adjudication forum has concurrent jurisdiction, the Plaintiff is of course at liberty to proceed with the forum of their choice.
For example, where there is a dispute with regards to a contract, the Court under whose jurisdiction such contract was concluded and the Court under whose jurisdiction the Defendant is domiciled, both retain jurisdiction. Under these circumstances the Plaintiff will proceed with either of the two Courts.
The Community Scheme Ombud Service (CSOS) is a creature of statute being the Community Schemes Ombud Service Act 9 of 2011 (the Act), which came into force in October 2016.
The CSOS registers and superintends over governance of community schemes which are defined in the Act as Share Block Companies, Homeowners Associations, Housing Schemes for Retired Persons, Housing Cooperatives and Sectional Titles Development Schemes.
At the centre of most disputes in community living schemes is the issue about the interpretation of and nature of the Conduct Rules. These rules can be by the Body Corporate or the Home Owners Association. Part of the responsibilities and/or jurisdiction of the Community Schemes Ombud Services (CSOS) include the vetting of Conduct Rules in as far as there is an obligation for these to be subservient to tenets of fairness, legality, and reasonableness.
Disputes in community living schemes were previously adjudicated upon by the Courts in South Africa. Among the eminent challenges with this was the fact that the motion procedure in the Courts system is usually an expensive and long one.
The Community Schemes Ombud Service (CSOS) is a creature of the Community Schemes Ombud Services Act (9 of 2011) which was promulgated to deal with disputes in community living schemes amongst its other responsibilities as a body.
Due to the diverse administrative requirements of various local government authorities, such regulations vary from one municipality to the other. However they are all targeted at the exploitation of underground water resources in a sustainable, safe and controlled manner.
The process of replacing a lost title deed is governed by regulation 68 of the Deeds Registries Act 47 of 1937.
This regulation was put into place in order to circumvent any fraudulent activities related to issuing a copy of a title deed.
The deed of transfer South Africa has several aspects to it which must be known by any person who wishes to sell or purchase property.
Estate agents’ responsibilities are made clear in the Institute of Estate Agents South Africa Code of Ethics and Conduct and is supported by the Consumer Protection Act.
The absence of approved building plans is considered a latent defect. Where there is a voetstoots contract in place, it means that the buyer of the property accepts the property as it is at the time of sale.
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