A CSOS adjudicator has a very wide-ranging power to oblige a community scheme to approve and record a new governance provision. This will only be exercised when the new provision is necessary for the good governance of the scheme or to protect the rights of those with material interests in the scheme.
In terms of section 39 (3) (b) of the CSOS Act, an application may be for:
“an order requiring the association to approve and record a new scheme governance provision”
Examples of issues
A new sectional title rule may be necessary to permanently embed the arrangement determined by the adjudicator in the scheme’s rules.
A sectional owner is unhappy that all other owners have exclusive use parking bays and he does not. There is room on an existing tarred surface for an additional bay, but the other owners will not agree to a new rule giving him exclusive use of the area.
In any type of community scheme a person may have to approach the CSOS for an appropriate order if the scheme refuses to make a governance provision that is reasonable and appropriate for the governance of the scheme.
Example of order
An example of the type of order the CSOS could give is:
That the owners in Body Corporate of the Sunny Skies Scheme must within seven days of this order sign a notification to the Community Schemes Ombud Service in prescribed form advising that the body corporate by special resolution on 1 May 2017 made a conduct rule in the terms set out in Annexure A.
This order takes effect immediately.
Is this not the right order – is either the type or category is wrong for your matter?
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