Community Schemes Ombud Service Act, 2011 (Act No. 9 of 2011)

Chapter 4 : Investigation and representation

51. Investigative powers of adjudicator

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(1)When considering the application, the adjudicator may—
(a)require the applicant, managing agent or relevant person
(i)to give to the adjudicator further information or documentation;
(ii)to give information in the form of an affidavit or statement; or
(iii)subject to reasonable notice being given of the time and place, to come to the office of the adjudicator for an interview;
(b)invite persons, whom the adjudicator considers able to assist in the resolution of issues raised in the application, to make written submissions to the adjudicator within a specified time; and
(c)enter and inspect—
(i)an association asset, record or other document;
(ii)any private area; and
(iii)any common area, including a common area subject to an exclusive use arrangement.

 

(2)The adjudicator must give reasonable notice to the executive committee or occupier of any private area or common area to be entered in terms of subsection (1)(c).

 

(3)The association or any other person who is in possession of an association’s records must, if required by an adjudicator and without payment of a fee—
(a)allow the adjudicator access to the records within 24 hours after being notified of the adjudicator’s requirement; and
(b)provide the adjudicator with copies of the records.