November Newsletter: Community Scheme Disputes
Community Scheme Disputes and the Ombud’s Powers to Resolve Them
“Community scheme” living has many advantages, but disputes come with the territory and that’s where the conciliation and alternative dispute resolution services offered by the CSOS (Community Schemes Ombud Service) come into the picture.
We’ll start off discussing what disputes you can refer to the Ombud and talk about why a recent High Court decision means that, barring exceptional circumstances, you cannot go direct to a court. A group of loft owners in an inner-city mixed-use building found that out the hard way, with the Court calling their application an “abuse of process” and awarding costs against them on a penalty scale.
We end off with a look at an exception to that rule in the form of another court case, this time one in which the Ombud was held to have no power to hear a claim for damages.
Take advice before deciding whether to go to the Ombud or to the High Court - read more.
Read our full November newsletter here.
The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.
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