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Csos

By jann bader on Tue, 10 Jul 2018 at 11:23

Has anybody had any success dealing with the CSOS in matters of dispute or investigation ?
I have sent in all the papers and documents to register a dispute with our EXCOM and to force them to meet the requirements of the law, but whenever I try to contact anyone at CSOS I am met with unanswered phones, nobody at any extension and never a single reply to an email - am I wasting my time here ?

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RE: Csos

Frances Paton replied on Tue, 10 Jul 2018 at 13:05

Hi Jann
I understand that it is a common complaint that CSOS is almost impossible to contact by phone. However I have gone more than once to their Sandton offices in person - without an appointment - and found their personnel extremely friendly and helpful. I don’t know which office your scheme would fall under, but you may find a personal visit well worth the effort.

RE: RE: Csos

jann bader replied on Tue, 10 Jul 2018 at 14:42

Bit difficult to pop in ! our scheme is in Hoedspruit!
But we do fall under them what I am trying to establish is whether or not I am just wasting my time with them, or if they will actually DO anything ??
They dont answer emails either.
I am not very optimistic !
I suspect all my paperwork is gong to disappear !

RE: Csos

andrew church replied on Tue, 10 Jul 2018 at 20:51

Assuming you manage to make the first meeting called conciliation ? You might still want to go further to the next meeting called adjudication.
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But are you aware that you might have to pay costs if you attend the adjudication meeting ? If you are not sure ? See Rule Rule53. (1)(a) and Rule53. (2)(a) below.
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Page 40/41 Chapter 5. Adjudicator’s orders.... Order dismissing application
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Rule53. (1)(a) The adjudicator may make an order dismissing the application if, after investigation, the adjudicator considers that the application is frivolous, vexatious, misconceived or without substance ?
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Rule53. (2)(a) The adjudicator may ORDER costs AGAINST the APPLICANT to COMPENSATE the affected person for LOSS resulting from the application
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So in conclusion IF the adjudicator finds the application frivolous, vexatious, misconceived or without substance ? Then Rule53. (2)(a) may be used to make the applicant pay for the AGENTS, TRUSTEES or BODY CORPORATE costs ? This is done by asking for information or documentation from the AGENT etc..using Rule 51.(1)(a)(i)...(see rule below)
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Rule51. (1) (a) (i)... When considering the application, the adjudicator may require the AGENT to give to the adjudicator further information or documentation
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If you are uncertain about how much COSTS may be ? Then look at the following post by By Consumer
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Pay R11415 for "Time & Cost spent CSOS Matter" else no Clearance Certificate By Consumer 786 on Wed, 04 Jul 2018 at 04:22
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In process of selling the property, AGENT now place a charge of R11415 for "Time & Cost spent CSOS Matter". If I dont pay it, they wont release the Clearance certificate, jeopardising my sale. Can they even legally do this?
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RE: Csos

andrew church replied on Tue, 10 Jul 2018 at 22:51

See possible meanings of the 4 words below ?
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Frivolous = not having any serious purpose or value... or shallow, superficial, senseless, thoughtless, ill-considered, non-serious ?
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Vexatious = causing or tending to cause annoyance, frustration... or worry. or tiresome, troublesome ?
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Misconceived = fail to understand (something) correctly... or faulty understanding, get the wrong idea, misread, confuse ?
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Without Substance = to be untrue...or ill-founded, immaterial, insignificant, unfounded ?

RE: Csos

Nico Carstens replied on Wed, 11 Jul 2018 at 06:37

How long ago did you apply. Do not be in a hurry. We deal through the KZN offices with great success. Get a name and email and target that person with your queries.

RE: RE: Csos

Frances Paton replied on Wed, 11 Jul 2018 at 08:51

I suggest you could even consider approaching the Ombud directly. The complainant in a case involving our body corporate did this and managed to convince him that the matter was urgent. The Ombud then intervened in the matter with the result that it went to the top of the waiting list and was finalised rapidly.

RE: RE: RE: Csos

jann bader replied on Wed, 11 Jul 2018 at 15:02

I dont even know if the CSOS is the right place or if I need a lawyer which I would have to pay for. The problem is our EXCOM is not effective, our property is not in good shape, we are apparantly bankrupt or nearly so, they will not give information, nor the names and emails of other owners so I can start the process to vote them out - the place is a mess - and I need the help to get on top of it and start the ball rolling towards an SGM - but I do not have a single item of information and they are rude and dismissive of me.

RE: Csos

Clive Owens replied on Wed, 11 Jul 2018 at 16:28

follow

RE: RE: Csos

susanna clark replied on Sun, 15 Jul 2018 at 01:41

Hi all,i presented a complete case against BC/trustees and unauthorised acts of Ma - to CSOS;full details, set out dates; irregularities; all complaint substantiated with valid proof emails, minutes; notices the lot. Ph call was receved, asking few questions tgen with letter referrinf case fir arbitration. MA responded,acting for BC/trustees and himself when BC member brought xgarges. He made excuses and stories but presented nothing to misproo any of my complaints & gave unrelated awnsers if any. Case was referred to arbitration. Took 9 months! Two days before set date of hearing,I had serious heart attack & submitted to ICU.There were objections to postponing the case at such short notice But I was confident, based on complete evidence delivered to CSOS, for them to continue with hearing, in my absence. Later,to my horror; i was informed that none of my validated substantiated evedance presented in writing, was referred to or addressed and that it was just a chit chat of 'me supposedly causing problems & "interferring with management" - same notice i received
as to outcome of hearing from CCSO Also and weirdlyas I acted with and had full POA from my son with certified proof attached sent to CSOS, to act on my son's behalf - when also weird showing further total lack of interest to details, the outcome notice received from CCSO, referred to owner of unit,givingname ofthe Commissioner of Oaths who certified the document!!!! So after getting all facts in place with nine months in waiting - to gave outcome like this.... is laughable and a joke.There ia no control, iwners are bullied by managing agents with trustees playing mouse is at play! No regard is shiwn owners. Only way that CSOS can play a role wld be if they attend AGM meetings, have accounts checked and to follow up on so called Rules and Regulations as stated in STMR. There is just no control! Lack of roof maintenance now caused serious damage to bedroom ceiling no badly sagging and full of yellow bown stains. Lodge complaint 4 months back... no response. Sent again and again.
Being ignored as seen as baddy who had cheek to take matters to CSOS!Many othe unatended maintenance issues just overlooked. AGM due before end July... no notices ad yet.... aren't these rules set down to be complied. But who cares certainly not MA... abd CSOS pobably has no clue. Meanig if all.... a joke and abuse of iwners rights and then also, bottom line, money!

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