The Community Schemes Ombud Service (CSOS) appeals to all unregistered community schemes to register and abide by the law “with immediate effect”.

In terms of the CSOS Act, read with Regulation 18(2)(a)(v) of the CSOS Regulations, all community schemes must be registered with the CSOS within 30 days after the incorporation of the community scheme or within 30 days of the coming into effect of the CSOS Regulations on the 7 October 2016.

In a press release, the CSOS noted it is an offence punishable by law to collect the CSOS levy from Scheme members and not pay it over to the CSOS.  Community schemes that contravene this requirement will be subjected to strong enforcement action, it says.

Members to check that their scheme is compliant

The CSOS points out that all members of the Schemes (residents and owners) have a right and an obligation to ensure that their levies which they pay in respect of the CSOS, are duly paid over to the CSOS. It advises members to check whether their Scheme does this and if not, to report it to the CSOS.

Definition of Community Scheme

Section 1 of the CSOS Act defines a “community scheme as any scheme or arrangement where there is shared use of and responsibility for parts of land and buildings, including but not limited to:

a) Sectional titles development schemes;
b) Share block companies;
c) Home or property owners’ associations (inclusive of non-profit companies and
common law associations);
d) Housing schemes for retired persons; and
e) Housing co-operatives.

Documents to accompany registration

The application for registration must be accompanied by the following documents:
a) Prescribed Form CS1, duly signed by the developer or two scheme
executives, or one trustee or director and the managing agent; and
b) Rules (Management or Conduct); or
c) Constitution; or
d) Regulations; or
e) Memorandum of Incorporation (Articles of Association); or
f) Use Agree g) Any other relevant supporting governance documentation: or
h) Sectional Title Plans; and
i) Audited Annual Financial Statements.

The CS1 form can be completed online or downloaded from the CSOS website at www.csos.org.za. Alternatively, the form can be obtained at any of the CSOS offices nationwide.

The completed form can be submitted to CSOS online, by post, email at registration@csos.org.za, or hand-delivered to any of the CSOS’s Regional Offices. The community scheme will receive a reference number which should be used when effecting payment of the CSOS levy.

There is no fee to register the community scheme with the CSOS.

 

There is no fee to register the community scheme with the CSOS.

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