How do I get the Trustees to hear me out?

By Ané de Klerk

I often get asked this question by students and clients who own property within sectional titles schemes. Completely understandably, trustees can be quite busy – trying to juggle their nine-to-fives, personal lives and responsibilities toward the scheme. So how should one go about getting the necessary time with them when there is a matter of importance to discuss?

1. Reach out
   Step one would be to contact the board of trustees, clearly and concisely setting out the matter which you wish to discuss with them. Take note that the body corporate’s service address might be the managing agent’s, in which case you should send an email to the managing agent for the trustees attention.
2. Submit a complaint form, if appropriate
   If appropriate in the circumstances, complete and submit the prescribed complaint form (Annexed to the Sectional Titles Schemes Management Act). Examples of when this would be appropriate include if you wish to bring to their attention that your neighbour has broken one or more of the scheme’s Conduct Rules [for example by making noise to the extent that it interferes with your ability to enjoy your property, thereby contravening PCR 7(1)] or if you believe the trustees themselves have breached a rule, section or regulation [for example if you believe they are raising a special levy when it is not necessary to do so, which would breach PMR 21(3)(a)].
3. Follow internal dispute resolution mechanisms
   Take a closer look at your scheme’s rules to see if they provide guidance on any specific steps that must be taken when trying to resolve a matter internally. Some scheme’s rules set out specific timelines, contact persons and processes to be followed.
4. Call a special general meeting
   If the matter is also of importance to others in the scheme, get members holding at least 25% of the scheme’s participation quotas to sign a request for a special general meeting to be held to discuss the matter and importantly, to give the trustees direction in terms of section 7(1) of the Sectional Titles Schemes Management Act. Remember that you are entitled to call the meeting yourself if the trustees fail to do so within 2 weeks of delivery of the written and signed request.
5. Apply to CSOS for dispute resolution
   If none of the above prove successful and if the matter you wish to discuss with the trustees falls within the scope of the Community Schemes Ombud Service’s powers, consider submitting an application for dispute resolution with the Service. While that wheel turns very slowly, often the official notification to the trustees that an application has been filed is enough to get them to meet with you and hear you out (if they had been unwilling to do so up until that point). If the matter can be resolved by having a meeting, you could always withdraw your CSOS case if it is no longer necessary to pursue it.

Need help drafting a letter to your schemes’ trustees, calling a special general meeting or preparing a CSOS application? Reach out to us at info@theadvisory.co.za for an obligation-free quotation for assistance.

Specialist Community Scheme Attorney (BA, LLB), Ané de Klerk, is a Director of The Advisory, a boutique consultancy specialising exclusively in community schemes law. Her focus is legal education, which includes presenting seminars and running online and in-person training programs and courses. You can reach out to her via email at info@theadvisory.co.za to request an obligation-free quotation if you require assistance with your scheme’s trustees.