Living in a sectional title complex or estate means sharing walls, gardens, parking and decisions with your neighbours. Most of the time this works. When it does not, disputes about levies, noise, pets, parking, renovations or the conduct of trustees can become bitter and expensive.
Before 2016, owners and bodies corporate often had little choice but to go to court or to arbitration under the scheme rules. The Community Schemes Ombud Service (CSOS) was created to offer a cheaper and faster alternative. For many disputes, it is now the first port of call.
This article explains what the CSOS can and cannot do, how the process works, how its orders are enforced and appealed, and what owners, tenants, trustees and managing agents should do before lodging a dispute.
The legal framework
The CSOS was established by the Community Schemes Ombud Service Act 9 of 2011 (the CSOS Act) and began operating in October 2016. It applies to “community schemes”, which include sectional title schemes, homeowners’ associations, share block companies, retirement housing schemes and housing co-operatives.
For sectional title schemes, the CSOS Act works alongside the Sectional Titles Schemes Management Act 8 of 2011, which sets out the powers and duties of bodies corporate and trustees and the management and conduct rules that bind owners and occupiers.
Every community scheme must register with the CSOS. Schemes must also pay a CSOS levy, which is collected through the scheme’s levies and paid over quarterly.
What disputes can the CSOS hear?
An application must fall within one of the categories of relief listed in section 39 of the CSOS Act. In broad terms, these cover:
- financial issues, such as disputes about levies, contributions and the reasonableness of charges;
- behavioural issues, such as nuisance, noise and breaches of conduct rules;
- private and common areas, including exclusive use areas, parking and alterations;
- meetings, such as whether a meeting or resolution was valid;
- management services and the conduct of managing agents;
- works affecting private and common areas; and
- scheme governance, including the conduct of trustees and the rules of the scheme.
Applications can be brought by owners, occupiers (including tenants), the body corporate and other persons with a material interest in the scheme. The CSOS may decline a dispute where court proceedings on the same matter have already started.
How the process works
Internal dispute resolution first. The CSOS Consolidated Practice Directives approved in July 2025 require parties to use the dispute resolution mechanisms in their scheme’s own rules first, and to show evidence of those attempts, except where urgent interim relief is needed to prevent irreparable harm. Skipping this step can delay or derail an application.
Application. The applicant lodges an application with the CSOS, setting out the relief sought and attaching supporting documents. The CSOS website lists a fee of R50 for conciliation and R100 for adjudication, and fee waivers are available in some cases.
Conciliation. Most matters are first referred to conciliation, where a conciliator helps the parties reach a settlement. A settlement can be recorded and made binding.
Adjudication. If conciliation fails, the matter can be referred to an adjudicator. Adjudicators have investigative powers and can decide the dispute on the documents or after a hearing. They then issue an adjudication order.
Enforcing an adjudication order
Under section 56 of the CSOS Act, an adjudicator’s order may be enforced as if it were a judgment of a court, depending on the amount or nature of the order. In practice, a party who does not comply can face execution steps in the same way as a judgment debtor. Trustees should keep records of compliance and non-compliance, as these become important if enforcement is needed.
Appealing an adjudication order
Section 57 of the CSOS Act allows an applicant, the scheme or an affected person to appeal to the High Court against an adjudicator’s order, but only on a question of law. The appeal must be lodged within 30 days of delivery of the order. Courts have dealt with several procedural questions about how these appeals must be run, and the CSOS directives also address appeals, so the current rules should be checked before filing.
An appeal is not a rehearing. If the dispute is really about the facts, such as who caused a leak or whether noise was excessive, a section 57 appeal may not be the right tool. In some cases, a review of the adjudicator’s process may be more appropriate. Legal advice should be taken quickly, given the short time limit.
Common sectional title disputes and how to approach them
- Levy arrears. Bodies corporate can use the CSOS to obtain an order for arrear levies, which can be cheaper than issuing summons. Large or long-standing arrears may still be better suited to court proceedings, depending on the debtor’s assets.
- Unauthorised alterations. Owners must usually obtain trustee or body corporate approval for alterations that affect the common property or the building’s appearance. The CSOS can order compliance or the reversal of unauthorised work.
- Pets, noise and parking. These are governed by the conduct rules. The body corporate should apply its rules consistently and keep a record of complaints and warnings.
- Disputed resolutions. Owners who believe a meeting was irregular, or a special resolution was not properly passed, can ask the CSOS to declare the resolution invalid.
A practical checklist before lodging a dispute
- Read the rules. Check the management and conduct rules, and any approved scheme-specific rules, to confirm what they say about the issue and about internal dispute resolution.
- Raise it in writing. Write to the trustees, managing agent or other party, explain the problem and ask for a specific outcome by a set date.
- Use the internal process. Follow the scheme’s internal dispute steps and keep proof that you did.
- Gather evidence. Keep photographs, minutes, levy statements, correspondence and complaints.
- Check the category. Make sure the relief you want falls under section 39 of the CSOS Act.
- Consider the forum. Decide whether the CSOS, the courts or arbitration is the best route, especially where large amounts or complex legal issues are involved.
- Diarise deadlines. Note the 30-day appeal period and any timeframes in the CSOS directives.
How O’Reilly Law can help
We advise owners, tenants, bodies corporate, trustees and managing agents on sectional title and community scheme disputes. We assist with CSOS applications and responses, conciliation and adjudication, enforcement of adjudication orders, and appeals and reviews in the High Court. We also review scheme rules and advise trustees on governance to reduce the risk of disputes.
Contact us for advice on a sectional title or estate dispute.
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This article is general information and not legal advice. Correct as at November 2026.