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”
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.
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.
If you would like to see the whole of the Community Schemes Ombud Service Act, 9 of 2011, including the full text of chapter 3 that covers applications, you can access this from Paddocks’ resource library.
Do you have concerns about your matter, need assistance completing your application, or want a sectional title Consultant to review your application before submission? Have a look at the Paddocks’ Consulting page.
For general help on the CSOS, including the special meanings of the words and phrases “association”, “common area”, “dispute”, “executive committee”, “owner”, and “scheme governance documentation” see the CSOS Information page.
Needing other assistance? Have a look at our Paddocks assistance page, which includes the helpful application guide explanation, for more information.
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