CSOS: Body Corporate Disputes

An ombud may require proof "that an internal dispute resolution mechanism has been unsuccessful" (CSOS Act s 40(c)). The Regulations include a complaint form and a "Record of Body Corporate Decision" form. An application to declare a decision of the association or trustees void must be made within 60 days of the decision, though an ombud may allow a late one on good cause (s 41).

• Apply on Form DR 1, online through CSOS Connect, by email, by hand or by courier.
• CSOS assesses the application within 5 business days of the file being assigned.
• The other side gets notice and 5 business days to reply; the applicant then confirms within 5 business days that they want to go on.
• If a settlement looks possible, the ombud refers the matter to conciliation, held virtually or by phone, with 7 business days' notice.
• If conciliation fails, the conciliator issues a certificate of non-resolution with an automatic referral to adjudication.
• Urgent matters are assessed within 24 hours and decided within 48 hours.
• The adjudicator's order is delivered within 14 business days of the final hearing.

• Payment of contributions or other money, an audit, or a change to an unreasonable levy.
• That a meeting be called, or that a meeting or resolution is void, or that a motion blocked by unreasonable opposition takes effect.
• That a rule is invalid or unreasonable.
• Orders on nuisance, animals, items on common property, repairs and works, exclusive use rights and access to records.
• Orders about managing agents.
• That a tenant pays rent to the body corporate until the landlord's levy debt is paid.

• The 2016 regulations set R50 to apply and R100 for adjudication. CSOS's practice directives of 18 July 2025 say "no fees are payable for dispute resolution purposes". We found no gazette notice changing the 2016 amounts.
• A person with monthly net household income below R5,500 gets a full waiver under the 2016 regulations.
• Each party pays its own costs. If an application is frivolous or vexatious, costs of up to R5,000 can be ordered against the applicant.
• No lawyers unless all parties agree or the adjudicator decides a party cannot manage without one.
• An order is registered and enforced as a magistrate's court or High Court judgment.
• Appeal to the High Court on a question of law only, within 30 days of delivery.

Where there is serious financial or administrative mismanagement, the body corporate, the municipality, a judgment creditor or an owner may ask a magistrate's court to appoint an administrator (STSMA s 16). After one month's written notice, an owner may ask the High Court to appoint a curator to bring proceedings the body corporate failed to bring (s 9).