1 reviews | Active since Aug 2011
CSOS do not care because nobody is prepared to stop them
To report CSOS to Dept. Human Settlements does not help, they simply never get back to you. Sadly the purpose of CSOS is NOT been fulfilled, in fact it has only made matters worse in a very short spate of time. Not even the Public Protector is interested in investigating CSOS. CSOS know this and DO NOT CARE.
CSOS are supposed to govern documents, especially Scheme Rules. If CSOS allows certification of Conduct Rules in Sectional Title schemes that contains Management Rules that are irreconcilable with Prescribed Management Rules, 'trustees' are able to then CAPTURE a scheme and there is absolutely nothing any owner in the scheme can do about it. If you approach CSOS to resolve a dispute regarding rules, as in our (my wife and I) case, we were even not allowed to present our case in adjudication (conciliation did not happen) after almost a year of struggle and then took more than 6 weeks for an Adjudication Order. Then the order was pathetic, not in line with our prayer and protecting '*******' rules. The adjudicator refused to make a ruling on the rules, leaving it up to Governance. Our rules, after almost a year, are still not certified or rejected. I was told by Governance they cannot be accepted but Governance do not want to commit - too many other schemes have already similarly been captured. What is the BC and the managing agent's response - hope you have plenty time and money. You know what, they are right, even though they are wrong - there is nothing that can be done and nobody prepared to help stop this from happening.
In our scheme, we have ******* building extensions, blatant ******* construction even during a CSOS case, further ******* extension planned for early next year, not in accordance to the ST Act. Our scheme has no uniformity and totally lacks aesthetics. It is everyone for them self - just be friendly with the trustees, they will allow and fight for it. Managing agents and attorneys support this, so do CSOS. I have tried to stop it, nobody wants to help. Managing agent and trustees refuse to even listen, will stop us from speaking to other owners. We found an attorney who took a large retainer for High Court action and only then argues against us, does not take instruction and between them (attorneys/advocates), will probably throw the case or settle on 'call a general meeting to resolve'. Should a High Court order be favorable, the trustees simply ignore ... and there is nothing that can be done!
I will NEVER purchase into sectional title ever again and I warn others who are considering of the possible consequences. You will loose all your property rights, as expressed to us by our attorney. The Title Deeds is not worth the paper it is written on! The Act, that too they can bin. Unless there are drastic changes, especially within CSOS, like captured SOEs, ST schemes will also eventually become a disaster.
