Owning a property in a community scheme can sometimes feel like being the one person at a potluck who ends up subsidizing the entire feast. You know the feeling – you’ve diligently paid your dues, only to watch as others conveniently forget theirs, leaving you to shoulder the financial load. It’s a scenario that’s not just frustrating; it can place a real burden on those who play by the rules.
In the realm of community schemes, levy contributions are undeniably the lifeblood that sustains their functioning. Yet, when some owners fail to uphold their end of the financial bargain, it’s those who dutifully contribute that end up shouldering the burden. This discrepancy calls for action, and the Community Schemes Ombud Service (CSOS) offers recourse under specific provisions of the law.
But why should community schemes embrace the CSOS over the traditional legal labyrinth? It is more cost effective and is designed to deliver results that is less time consuming.
Under Section 39(1) of the Community Scheme Ombud Act, a wide array of financial issues can be referred including collection of outstanding levies. What about the enforceability of the Ombud’s orders? It carries the same weight as those issued by a Magistrate’s Court or High Court, contingent upon the nature and quantum of the order. Should an order be granted and the outstanding amount persist unpaid, a warrant of execution can be swiftly issued by a Magistrate’s court. Notably, appeals against orders issued by the CSOS Ombud are limited to points of law, streamlining the resolution process and provide effective outcomes.
Next time you find yourself wading through the murky waters of levy collection woes, remember: there’s a simpler, more effective solution within reach. At A de Bruyn Attorneys, we understand the challenges faced by body corporates and homeowners alike. That’s why we’re dedicated to guiding you through the CSOS levy collection process with clarity and expertise. Let’s start this journey together and pave the way for a brighter, levy-compliant future. Your financial stability starts here.