If a member believes that a motion they support was not passed because of opposition that is fundamentally unreasonable, he or she is able to declare a dispute and, if necessary, bring an application to have the motion, or a variation of it, passed.
In terms of section 39 (4) (d) of the CSOS Act, an application may be for:
“an order declaring that a motion for resolution considered by a general meeting of the association was not passed because the opposition to the motion was unreasonable under the circumstances, and giving effect to the motion as was originally proposed, or a variation of the motion proposed”
There are many instances in which a person may believe that a proposal put to a general meeting has been unfairly frustrated and that the opposition was unreasonable.
This widely-phrased type of order could, for example be the basis of an application by 45% of the shareholders in a share block company who want the company to raise a special levy to install a substantial security system, but cannot get the 50% support required under the company’s memorandum of incorporation for improvements. These shareholders can apply to the CSOS for relief.
An order that:
1. the member opposition at the member meeting held on (insert date) to the motion to approve improvements to Blackwater Share Blocks’s main security gate was unreasonable under the circumstances , and
2. this order has the effect passing a resolution in the terms set out in Annex “A”, the wording in which the motion as was originally proposed.
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.