Legal Talk: CSOS consolidated practice directives
Hosted by Pippa Hudson, Cape Talk on 18 August 2025
For more information please contact us on 061 536 3138 or email us as info@tvdmconsultants.com.
Pippa speaks with Zerlinda van der Merwe and Nicole Nel as they unpack the recent CSOS consolidated practice directives as they share key insights for everyone involved in South African community schemes.
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This discussion focuses on living in community schemes, featuring Zerlinda van de Merwe and Nicole Nel of TVDM Consultants.
They start by discussing the new CSOS Consolidated Practice Directives for 2025, which repeal and replace all prior directives since 2016. Key updates include:
Resolutions: Non-sectional title schemes may now approach CSOS for resolution approvals rather than dispute resolution.
No internal reviews: CSOS will no longer allow internal reviews of adjudication orders. Once an order is issued, the only avenue for appeal is the High Court, as CSOS adjudicators’ orders cannot be appealed in the Magistrates’ Court.
Administrators: CSOS will create a panel of administrators to recommend to magistrates in terms of the STSMA.
The panel acknowledged concerns about cost and accessibility, since High Court processes are expensive. They noted that this may push parties to settle disputes earlier or ensure applications are correctly prepared before reaching CSOS.
Listeners raised questions and issues:
Delays at CSOS: Some applicants have waited more than 10 months for cases to be finalised.
Homeowners’ associations (HOAs): CSOS has no authority to approve constitutions, MOIs, or rules for HOAs. Its power extends only to dispute resolution, and HOAs are advised not to submit governance documents to CSOS.
Special levies: In a small scheme, owners remain liable for costly repairs to common property. Special levies are raised when the budget cannot cover expenses.
Enforcement: CSOS does not directly enforce adjudication orders. Successful parties must register the order at the High Court and then approach the Sheriff for enforcement.
Overcrowding: This is primarily a municipal bylaw issue. A body corporate can fine owners if rules allow, but eviction must be handled through legal processes.
Arrears and repossession: A body corporate may only repossess or auction a property once it obtains a High Court order and writ of execution, usually after a long levy collection process.