Scheme Governance Documentation Rules submitted before the 7 October 2016
- Amended Management and Conduct Rules of sectional title schemes submitted before the Sectional Titles Schemes Management Act was signed into law on the 7th of October 2016, remains at the Registrar of Deeds, and will be transferred to the CSOS in due course;
- These amended Rules are enforceable upon members and occupiers of the community scheme if they do not contravene any part of the Constitution or the CSOS and STSM Act & Regulations;
Scheme Governance Documentation Rules submitted after 7 October 2016
- Sectional title schemes will no longer send their amended Management & Conduct Rules to the Registrar of Deeds, but to the CSOS in terms of section 10(5)(b) and (c) of the STSM Act, for quality assurance, registration and preservation;
- Once a compliance certificate has been issued by the Chief Ombud, the Rules will be enforceable against members and occupiers within that community scheme;
- Form B will be completed by the scheme executives;
- This does not extend to home or property owners associations, or share block schemes, however, the CSOS will quality assure the scheme governance documents of these types of community schemes if asked to do so by the scheme executives.
- The same Form B will be completed by the scheme executives of these community schemes;
- Please peruse the CSOS website for the Practice Directive on Rules regarding desirable and undesirable rules.
Registration of all Community Schemes
- All Community Schemes must be registered with the CSOS as per section 59, read with Regulation 18(3), of the CSOS Act;
- Form CS1 must be completed by the scheme executives;
- The registration department and the scheme governance department are two separate departments within the CSOS;
- If a community scheme registers with the CSOS and attaches the scheme governance documents as one of the required sets of documents, the documents will be sent to the scheme governance department, however, form B must be completed before the quality assurance of Rules will commence, and vice versa.