Why you may need the CSOS
When a schemes internal measures at attempting to resolve a dispute fail, owners and residents can refer their disputes to the Community Schemes Ombudsman Service (CSOS).
Disputes relating to regulatory/governance issues concerning the administration of a scheme or behavioural problems of residents, commonly referred to as nuisance and neighbour disputes, are the type of matters that CSOS would assist to resolve. They would do so firstly by providing for mediation (to facilitate the “parties” to talk to resolve their dispute) but failing success, the CSOS would then need to refer the matter to Adjudication.
The adjudication process
The Adjudicator, after applying her or his mind to the matter, then makes an “Order” granting or refusing the relief sought by the applicant. This order is issued to the parties to the dispute and the Order may require a person/s to act or stop acting in a certain way or to pay levy arrears or any other charges. It would include the date when the order must take effect. It is anticipated that most reasonable people will comply with a CSOS Order.
But what if a party does not adhere to the Order, what next, and how is the Order enforced?
The answer to this is covered in the CSOS Act. Once the deadline for adhering to the Order occurs, the person in whose favour the Order was made should approach CSOS to obtain the following (normally now done by an attorney) : –
A certified copy of the adjudicators Order from CSOS, if the original is not available
The relevant “Enforcement Notice form” (this is a standard CSOS form)
These documents must then be filed with the Registrar of the High Court or the Clerk of the Magistrates Court – whichever court would otherwise have made a judgement if it were not taken to CSOS. That court then assigns a case number (section 56 of the CSOS Act). The High Court or Magistrates Court may require other relevant document/s to be completed. (Important to note that an Adjudication Order for specific Performance i.e., one that has no quantum/monetary value may only be enforced in the High Court.)
The party requesting the “enforcement” must thereafter submit the Order with the case number to the Sheriff of the Court to execute/issue upon the other party. This execution by the Sheriff will be at the expense of the party that requests service.
It is anticipated that where one might not have adhered to a CSOS Order, an Enforcement Notice served by the Sheriff of the relevant Magistrate or High Court will almost certainly get their attention.
Learn more
Should you require further information please contact your portfolio manager or the office of CSOS.
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