
Dealing with a dispute in a community scheme can be difficult and confusing. At VDM Incorporated, we regularly assist clients with disputes, so we want to clarify the CSOS process and the role of attorneys. We’ve broken the dispute process into four simple steps for you:
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Understanding the CSOS process
- The Community Schemes Ombud Service or CSOS is an alternative forum for handling and resolving disputes. CSOS only deals with applicants seeking relief under Section 39 of the CSOS Act, and it doesn’t deal with claims for damages.
- While CSOS discourages legal representation in an effort to keep things simple, applicants are allowed to have an attorney to lodge the application - but not during mediation.
- The attorney can lodge a CSOS application on behalf of an owner or body corporate, and respond on their behalf.
- An attorney may only represent you during adjudication if all parties agree, or if the adjudicator approves it in accordance with Section 52 of the CSOS Act.
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How long does the CSOS process take?
CSOS aims to resolve disputes within 90 days, but can take six to 12 months depending on backlogs.
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Is there a fee payable to CSOS?
Not anymore. CSOS now offers dispute resolution as a free service.
Remember though that attorneys for both parties will charge for their services.
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Step-by-step CSOS process
- The owner or body corporate will submit a dispute application to CSOS via email or on the CSOS Connect online platform.
- CSOS will confirm receipt and provide a reference number.
- The respondent will be notified by CSOS and provided with the application.
- The respondent will have 5 – 7 calendar days to reply with their evidence and main points. They are also entitled to ask for extensions.
- The applicant then has five days to reply to the respondent’s submission but may not introduce new evidence.