30 October 2026 | Nicole Tavares
Quick overview: CSOS plays a broader role than dispute resolution. It provides education and training, oversees aspects of community scheme governance, and processes sectional title rule submissions. Trustees and managing agents need to ensure that the correct resolutions, notices and supporting documents are submitted when amending scheme rules.
Nicole Tavares recently attended another Community Schemes Ombud Service ("CSOS") training session, where the hot topic focused on the governance of community schemes, what CSOS does, and what CSOS expects before approving scheme rules.
What does CSOS do for sectional title schemes?
CSOS is a national public entity which falls under the Department of Human Settlements and is more than a place to just take a dispute. They also approve scheme rules, keep governance documents on record and provide training to those living, investing, running, visiting, working (etc.) in schemes.
The 4 mandates of the CSOS:
Dispute resolution: a cost-effective alternative to taking matters to court. The CSOS dispute resolution process progresses from conciliation to adjudication, and in terms of the adjudication order it is as enforceable as a court order. A huge benefit is that the CSOS charges the parties no fee.
Education and training: for trustees, owners and managing agents.
Quality control: quality control, approving (or rejecting) conduct and management rules, and maintaining governance documents.
Promoting and monitoring: the healthy administration of community schemes.
The session began by setting out key definitions:
What is a community scheme?
A community scheme is any arrangement in which people share the use of, and responsibility for, parts of land and buildings. Sectional title schemes, share block companies, homeowners' associations ("HOAs"), housing schemes for retired persons and housing cooperatives all qualify.
What is a section?
In a sectional title scheme, a section is the private space an owner owns (and common property is everything else, owned by all owners in undivided shares.)
What is a unit?
A section plus the undivided shares in the common property.
What is a body corporate?
All the owners together, and membership is automatic on transfer.
Who are trustees?
They are elected by the owners to run the scheme's day-to-day administration and may appoint a managing agent.
Amending existing scheme rules | What does the CSOS require?
This is where most rejections happen! Despite the Sectional Titles Schemes Management Act 8 of 2011 ("the STSMA") setting out the requirements needed to amend scheme rules, in order for the CSOS to approve the application must include:
Form B
Signed by two trustees, or by one trustee and the managing agent, with the date of adoption (the meeting date or later, never earlier) and the scheme's CSOS registration number.
The proposed rules
A copy of the rules approved by the members, via the relevant resolution.
The rules must be submitted as a clean document in the format of a PDF.
While rules must be consolidated, the conduct rules and management rules must be submitted as separate documents.
The rules must not contain any rules deemed to be undesirable by the Constitution of the Republic of South Africa, 1996, the STSMA as well as the CSOS Practice Directives.
Minutes of the meeting
The minutes must be signed.
Some record of the quorum achieved
The exact voting percentage.
The resolution
This resolution must be separate from the resolution in the minutes.
Not older than 10 days.
The resolution must be signed by at least two trustees.
The notice of meeting
Must include the date sent as well as the recipients.
Attendance register
Must be signed by those in attendance.
For a round robin, CSOS needs Form B, the rules in PDF, proof of circulation, every owner's voting slip, a current register of owners and a trustee resolution confirming that the vote succeeded. A written special resolution needs 75% of all votes in value and number, and a written unanimous resolution needs every member.
Should any of the above not be met, the CSOS will request same from the trustees. This request will come with a deadline.
What to do when the required resolution cannot be obtained?
Section 6(9) of the STSMA lets a body corporate, or an owner, approach the Chief Ombud when a special or unanimous resolution cannot be obtained. The CSOS views a section 6(9) application as a last resort, the trustees must first attempt to have a meeting and if unsuccessful, attempt to obtain the resolution via a round robin.
Section 6(9) applications require form ST1 to be sent to sectionaltitles@csos.org.za.
Keep in mind that nothing submitted is confidential, affected parties have 21 working days to respond and the Chief Ombud who will make their decisions within 30 working days.
CSOS will examine the validity of each rule in terms of the Constitution of the Republic of South Africa, 1996, STSMA, the CSOS Act 9 of 2011, municipal by-laws and case law. The CSOS will reject and/or request amendments of any rules they feel are undesirable.
What happens after CSOS approves amended rules?
Amended rules cannot be enforced until the Chief Ombud issues a certificate. Once the certificate arrives, CSOS requires the trustees to tell all members within seven days.
What are HOAs and how are they treated under CSOS?
HOAs are governed by their own Constitution or Memorandum of Incorporation, as well as any estate rules and/or guidelines, and not the STSMA. At this stage the CSOS is not mandated to review and/or approve HOA governance documents, HOAs are welcome to submit the documents for quality assurance.
HOWEVER IT IS IMPORTANT TO NOTE THAT all HOAs must be registered with the CSOS, and in doing so the CSOS requires various documentation, which includes the governance documentation, be submitted. In order to receive your scheme's CSOS registration number, the CSOS will review the submitted governance documentation, in order to confirm that they are inline with the Constitution of the Republic of South Africa as well as any CSOS Practice Directives.
Conclusion | The details are important
CSOS sits at the centre of how community schemes are run in South Africa. They resolve disputes without the cost of court, train the people who run schemes, and check that all rules are lawful before they take effect. For trustees and managing agents, the lesson is that the details decide the outcome. The right notice period, the correct type of resolution, properly signed documents and a clean submission are often what separate an approved rule from a rejected one.
Get these right the first time, and remember that a rule only becomes enforceable once the certificate of approval has been issued. If you are unsure about any step, ask before you lodge, not after.
If you are unsure whether your pack is complete, email info@tvdmconsultants.com or call 061 536 3138 today to speak to us before you lodge it.
About the Author:
Nicole Tavares is a Co-Founder and Director of TVDM Consultants.