Property industry stakeholders work together for cost-effective dispute solution

THE LATEST good news for sectional title homeowners and those involved in the industry comes in the form of recent discussions and consultation between the Community Schemes Ombud Service (CSOS) and stakeholders like the National Association of Managing Agents (Nama), accredited mediators and legal experts.

This is according to specialist sectional title attorney, Marina Constas, who was recently invited to be part of the Department of Human Settlements’ delegation at the Council of Provinces’ select committee hearing on the CSOS Act.

A director of BBM Attorneys and author of the book Demystifying Sectional Title, she acted in a support role to the delegation in Parliament, offering input on questions from political parties relating to the legal aspects of the act and regulations. Constas was also involved in Nama’s meeting with the executive of CSOS.

“With the proclamation of the CSOS Act and the Sectional Titles Schemes Management Act imminent, co- operation like this is very positive. It is extremely encouraging that the ombud and his team are engaging with important industry stakeholders, so that they will be well placed to resolve disputes in community schemes once these acts are promulgated, which should happen within the next three months,” Constas says.

CSOS was established to resolve or adjudicate complaints lodged with it regarding community schemes, including sectional title developments like townhouses and flats, shareblock companies, retirement villages and homes or property owners’ associations.

“This service will have a very positive impact on community schemes, where in the past there has been a lack of cost- effective dispute resolution options. With the costs of litigation and arbitration becoming prohibitive, mediation is becoming an increasingly popular alternative for resolving disputes in the South African sectional title industry,” Constas says.