Owners, occupiers and other stakeholders in a community scheme are normally entitled in terms of the law and governance documentation to inspect and obtain copies of association documentation.
In terms of section 39(7)(a) of the CSOS Act, an application may be for:
“an order declaring that the applicant has been wrongfully denied access to information or documents, and requiring the association to make such information or documents available within a specified time”
Examples of issues
Many owner requests are for copies of scheme financial records, governance documents and contact details of other owners and occupiers.
Scheme executives and managing agents may frustrate legitimate requests for inspection and copies of documents that stakeholders need to protect their rights, particularly if they think that the owners will use these to undermine their own positions.
On the other hand, there are instances in which the applicable law and scheme governance documents do not allow owners or other parties to inspect the association’s management information.
Such an application would have to disclose the legal basis for the applicant’s right to access the information or documents and show that access has been denied.
Example of order
An example of the type of order the CSOS could give is:
1. That John Mbuya has a legal right to access the audited financial statements of Jabulani Share Block Company which right has been wrongfully denied; and
2. Ordering the directors of that company to give Mr Mbuya access to the said statements within 7 days of the date of this order which takes effect immediately.
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