General meetings of the are opportunities for those who are not scheme executives to become involved in management issues. If they are unjustly denied these opportunities, they are effectively excluded from the scheme’s democratic processes.
In terms of section 39 (4) (a) of the CSOS Act, an application may be for:
“an order requiring the association to call a general meeting of its members to deal with specified business”
In community schemes many important policy decisions can only be taken at general meetings. Examples are:
- decisions to give the scheme executives specific instructions;
- to change the scheme’s governance documents; or
- to change arrangements whereby owners obtain exclusive use rights to parts of common areas.
Where the governance documents require a members meeting or an owner’s issue cannot be dealt with in any other forum and the scheme executives refuse or fail to convene a general meeting, those who are prejudiced can make application to the CSOS for relief.
An example of the type of order the CSOS could give is:
That the Key West Share Block convene a general meeting of its members to deal with the business specified in Annex “A” within 10 days of the date of this order.
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.
Would you like to make an application for this type of order?
If this is the correct order for your issue, the next step would be to make an application.
You can capture your application information online here, or download the form to complete offline later.
Is this not the right order – is either the type or category is wrong for your matter?
Use the buttons below to navigate back and explore other options.