The music next door has been going since ten and the complaint to the trustees went unanswered. Somewhere around midnight the Community Schemes Ombud Service starts to sound like the answer.
Sometimes it is. Often, it is unnecessary. Knowing the difference can save an owner months and keeps the Ombud free for the disputes that most warrant its attention.
What CSOS is for
The Community Schemes Ombud Service was set up under the Community Schemes Ombud Service Act of 2011, to resolve disputes in sectional title schemes and other community schemes such as homeowners associations. It offers conciliation first and adjudication where conciliation fails.
It is a serious route. An adjudication order carries real weight and it can be enforced.
When it is the right door
CSOS is the right place when a dispute is real and the scheme's own processes have been tested but failed in settling it. This can be a disagreement over levies and contributions. It can be a decision an owner believes was not properly taken at a meeting. It can be a conduct rule breach that continued after the trustees had acted.
When it is not
A complaint that has never been raised with the trustees is usually not ready for the Ombud. Neither is a disagreement that a conversation at the next trustee meeting could settle.
Taking those matters straight to CSOS rarely resolves a dispute faster. It does add to the paperwork and waiting, for everyone involved, and it can harden a neighbour dispute that may have been easy to fix.
What we tell trustees
Our community schemes team helps trustees tell the two apart. Put the complaint in writing. Give the trustees a fair chance to deal with it. Keep a record of what was tried and when.
If the matter still cannot be settled the scheme and the owner arrive at CSOS with a clear account of what happened. A dispute that arrives organised is far easier to resolve than one that arrives angry.
The right matters at the right door
Not every dispute belongs at CSOS. The ones that do, deserve to arrive properly prepared and the ones that do not, deserve a proper conversation first.
Have you ever seen a scheme dispute settled at a trustee meeting when it looked to be heading for the Ombud?
How our community schemes team works with trustees on disputes is set out on our website.
