Enforcing and appealing CSOS orders: A step-by-step guide

Enforcing CSOS Orders

All orders handed down by the Community Schemes Ombud Service (CSOS) have the same effect as that of a High Court or Magistrates Court order (Section 56 of CSOS Act allows for the aforementioned courts to enforce the orders as if they were handed down in that specific court respectively). However, orders which relate to specific performance may only be enforced in the High Court, these are orders that have no monetary value or cannot be quantified. Moreover, difficulties often arise when a party defaults and there is a need to enforce the CSOS order

Enforcement of CSOS orders often becomes problematic when a party fails to comply. In such instances, determining the appropriate court for enforcement requires considering several factors: the area in which the Community Scheme is located, the nature of the relief sought and/or granted and the quantum. Some courts have a "monetary cap" beyond which they rarely proceed. Courts will not enforce orders that fall outside their jurisdiction.

Therefore, it is crucial to carefully consider these factors to ensure that the chosen court has the necessary authority and jurisdiction to enforce the order. In these cases, it is advisable to engage an attorney to manage the enforcement process.

The steps for enforcing an Adjudication Order are as follows:

1. The order includes a set implementation date.
2. CSOS will issue an Enforcement Notice, which must be submitted to the Clerk of the Court or Registrar, along with a summary of the ruling and a copy of the Adjudication Order.
3. A scheme member or their attorney will then approach the Clerk of the Court or the Registrar within the scheme's Magisterial Jurisdiction, or alternatively, the High Court to issue the order.
4. After the Clerk of the Court or Registrar issues the order, the standard court procedures for execution of a court order will follow via the Sheriff.

CSOS Appeal Process

If a party is dissatisfied with the outcome of an adjudication, they have the right to appeal the decision. Section 57 of the Act allows for appeals of Adjudicator decisions. In the case of Stenersen and Tulleken Administration CC v Linton Park Body Corporate and Another (A3034/2018) [2019] ZAGPJHC 387; 2020 (1) SA 651 (GJ), the court clarified how the appeal process should be executed, though conflicting interpretations by various High Court divisions and amendments to practice directives led to some confusion.

An appeal can only be filed in the High Court on a point of law within 30 days of the Adjudicator's decision. The appellant may also request a stay of the Adjudicator's order pending the outcome of the appeal.

Importantly, Section 57 does not require an application for leave to appeal, meaning that the aggrieved party can file a Notice of Appeal without seeking prior approval from the adjudicating body.

The appeal process involves the following:

1. The appellant must file a Notice of Appeal, detailing the full grounds for the appeal.
2. The Notice is then served on the respondent by the sheriff.
3. The respondents in the appeal must include both the Adjudicator and CSOS.
4. The respondent may submit legal reports to assist the court in its decision-making.

By following these procedures, parties can effectively enforce or appeal CSOS orders in accordance with the law.

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