The new Community Schemes Ombud Service Directives
In July 2025, CSOS (Community Schemes Ombud Service) issued a new, consolidated directive which now binds any and all forms of community schemes. These replace all previous directives and serve as a single source of reference to the prescribed practice issued by CSOS.
For ease of reference, we highlight some of the top issues below, and provide a link to the full CSOS CONSOLIDATED PRACTICE DIRECTIVES 1 OF 2025 below.
Registration - All community schemes must now register with CSOS, and are bound to these directives.
Disputes - internal dispute mechanisms must first be exhausted and CSOS only approached after internal failure, or if urgent to prevent irreparable harm.
Inspections - CSOS is empowered to inspect schemes for compliance. If a scheme obstructs CSOS duties or denies access to data, penalties could include fines or imprisonment (up to 5-years for the first offense, 10-years for repeat violations).
State of Emergency - The directives also regulate the use of common property during a state of emergency.
Outcome of Proposed Resolution - If a member's special or unanimous resolution fails, after exhausting internal steps, they may apply to the Chief Ombud within 90 days. If dissatisfied with the Ombud's ruling, it can be reviewed by the High Court.
Scheme Rule Changes - Changes must comply with the Constitution, CSOS and STSM Acts and all governing legislation and may not be undesirable, e.g. call for private arbitration, penalties without a fair process, or language restrictions.
Election of Trustees - Tenants may be nominated as trustees and the rules may not prohibit this.
Interest on Arrears and Voting Rights - Interest on late levies may be charged up to 24%p.a. subject to the max per the NCA. Levy arrears may not prohibit a member from voting on ordinary resolutions unless a member ignores a court or adjudication order.
Domestic Workers - Rules may not prohibit domestic workers from talking to others, walking around the common property without a name tag or pass, or receiving visitors, but trustees may restrict access under certain circumstances.
Towing of Vehicles - Rules may not permit the towing of vehicles, only a penalty may be imposed, or wheels may be clamped.
Slaughtering of Animals - Schemes may not prohibit religious/cultural animal slaughter, but may impose strict conditions, including two weeks' notice with details, compliance with local authorities/SPCA, and immediate removal of all remains.
Property Practitioners and Disconnection - Rules permitting only certain property practitioners for sales or rentals are prohibited. Bodies Corporate are also prohibited from disconnecting utilities for levy non-payment without due process and a court order.
Alterations - Unit owners are at liberty to make alterations to the inside of their sections provided these do not affect the structural integrity of their section or the Community Scheme as a whole.
Cannabis - Rules may not restrict the use and growth of cannabis in a unit as the private possession and use by an adult for personal consumption is permissible.
Adjudication - The directive sets out dispute procedures, favouring conciliation over adjudication. If an order is ignored, the complainant can seek a court order for enforcement, while a dissatisfied party may appeal to the High Court.
Read more about the CSOS Directives below:
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(Source: Miltons Matsemela Attorneys)
28 Oct 2025
Author Gina Meintjes
