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The body corporate must lodge a notification of an amendment to the scheme’s Management
and/or Conduct Rules as soon as reasonably possible, with the Ombud Service – but not
later than 10 days after the date of the relevant resolution of the body corporate, and must
compile and keep a complete set of all Management and Conduct Rules.

The Chief Ombud must approve and issue a certificate for any Rules that may be
substituted, added to, or changed. The Certificate must be lodged at the Registrar of Deeds.

The body corporate, or the elected Trustees, are responsible for making governance
documentation, financial records, budgets and reports (as set out in Rule 26 and 27)
available to a member, a registered bondholder, or a person authorised in writing by a
member or registered bondholder, on receiving a written request for such documentation.

The Rules and Regulations of the scheme must be given to people who are new to the
scheme, whether owners or tenants and must be available in all meetings held.

The Ombud Service will be responsible to ensure that Rules comply with the requirements
of the STSMA and that they will be reasonable and apply equally to all owners of units.

All other community schemes (Share Block company’s, home owner’s associations etc.)
will have their own rules, own constitutions, Memorandum of Incorporation (whichever is
applicable), however these also have to be lodged with and approved by the Chief Ombud.

NEW RELIEF AVAILABLE FOR AGGRIEVED PERSONS

An aggrieved person who is dissatisfied with the management, or any other aspect of the
Sectional Title Scheme, may:
◆◆ refer any dispute to the Chief Ombud in terms of the CSOSA
◆◆ apply for the appointment of an Administrator in terms of Section 16 of the STSMA, as

follows:

Appointment of administrators
A body corporate, a local municipality, a judgment creditor of the body corporate or
any owner or other person having a registered real right in or over a unit may apply to a
Magistrate’s Court for the appointment of a suitably qualified and independent person to
serve as the administrator of the body corporate, where, a Magistrate’s Court on hearing the
application referred to above, finds –

(i) evidence of serious financial or administrative mismanagement of the body corporate;
and (ii) that there is a reasonable probability that, if it is placed under administration, the
body corporate will be able to meet its obligations and be managed in accordance with the
requirements of the Act, the Magistrate’s Court may appoint an administrator for a fixed
period and on such terms and conditions as it deems fit.

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