Sectional title corner – Who qualifies as our representative to CSOS?
I am writing on behalf of our management association committee. The Country Village is a retirement complex in Greyton, and the 61 properties are all freehold. We keep our monthly costs under control as much as possible by, among other things, managing our finances internally to the best of our ability.
This has worked relatively well but we now face CSOS, and the more I investigate this issue, the more scary I find it all.
I found the information on your website very useful, including this portion:
The CSOS Act applies to all community schemes, which include sectional title, homeowners associations, share blocks etc and the most important items in the legislation are
- All schemes must appoint an authorised representative
- Schemes must have registered with CSOS by (practically) Friday 4 November, 2016 (form CS1)
- Supply CSOS with the scheme’s governance documents (rules, AFS) before 5 January, 2017
- Raise CSOS levies monthly from 1 January 2017 (2% of basic levy greater than R500, at a maximum amount of R40 per unit per month)
- Arrange adequate fidelity insurance cover
- Submit annual returns to CSOS (AFS within 4 months of year-end)
- May use CSOS as an alternative dispute resolution mechanism
I’d like to ask you some questions:
#1 The first is about item 1: The appointment of an “authorised representative”. Who qualifies?
#2 Could our present chairman (or any other member of our managing association committee) fulfil this role?
#3 What happens when the chairman is no longer the chairman? Would we have to advise CSOS about this?
#4 As I’m sure is plain, we haven’t as yet registered with CSOS. We were told by our insurers that we should arrange fidelity cover?
#5 I imagine that we shall have to pay the CSOS levies retrospectively from 1 January, 2017? – Jenny
Hi Jenny, thank you for your questions. I have answered all your questions below.
#1 It can be anybody. This person will be your link with CSOS.
#2 That is correct. As managing agents we fulfill this role for our complexes.
#3 If you want to change the authorised representative you will have to notify CSOS yes.
#4 That is also in terms of the CSOS Act yes.
#5 That is correct, unless the complex was established after January 2017.
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Who is Karien Coetzee?
Karien Coetzee is the national property management consultant at property management company, Trafalgar. She holds qualifications in sectional title schemes management and homeowners association management.