Colin Grenfell obo Blue Saddle Ranches Equestrian Estate Homeowners Association v NM & RW Motaung

The Community Schemes Ombud Service (CSOS) received an application for dispute resolution concerning an outstanding levy account involving the Blue Saddle Ranches Equestrian Estate Homeowners Association, represented by Colin Grenfell, and NM & RW Motaung. The matter was processed under the amended Practice Directive for Dispute Resolution, 2019, and the parties were afforded an opportunity to submit final written submissions. Before a substantive adjudication on the merits, the applicant informed the adjudicator by email that the dispute had been resolved because the outstanding levy account had been settled.

• Whether any live dispute remained for adjudication after settlement of the outstanding levy account
• Whether the matter should be removed from the adjudication roll and the file closed following settlement

The matter was removed from the adjudication roll due to settlement of the dispute, and the file was closed.

Where the parties inform the CSOS adjudicator that the dispute has been resolved and the arrear levy account has been settled, no live issue remains for adjudication, and the appropriate course is to remove the matter from the adjudication roll and close the file.

The order noted that, in terms of section 52(a) and (b) of the Community Schemes Ombud Service Act 9 of 2011, parties are not entitled to legal representation during the adjudication process unless all other parties consent or the adjudicator considers it unreasonable to expect a party to proceed without legal representation. This was a general procedural note and not necessary to the dispositive outcome.

The matter illustrates CSOS practice where, once a levy dispute has been settled, the adjudicator will generally not determine the merits but will remove the matter from the roll and close the file. It is procedurally significant rather than jurisprudentially significant, and it reflects the administrative dispute-resolution function of CSOS in community scheme levy matters.