Body
Corporate not playing the game?
A client
asked: if the body corporate is not abiding by the rules, which ombudsman can
we complain to?
A colleague, Karen Bleijs, a sectional titles
expert replied:
A Sectional Titles
Ombudsman has been appointed in terms of recent legislation but the
Ombuds-office is regrettably not operational yet. However the Sectional Titles
Act makes provision for a unit-owner to take action against a Body Corporate if
it, through its Trustees, does not adhere to the Rules of the Body Corporate.
The first thing you
must do is write to the Trustees or speak to them to demand that they adhere to
the Rules. If this does not work, then you are at liberty to make use of the
procedure set out in the Management Rules to the Act to take the Body Corporate
to Arbitration.
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