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.