There are many unit owners who don’t follow the law; some trustees even. At my complex, there’s a trustee who gave himself permission to keep a dog (we are a no pets area). But no one wants to do anything because he a doctor.
Ashwini Singh Advises:
If the dog is affecting you (ie it keeps entering your section/Exclusive Use Area), then you can approach the Community Schemes Ombud Service for an order against the owner prohibiting the dog from entering your section or Exclusive Use Area. If the Community Schemes Ombud Service order is granted and the dog persists in entering your section/Exclusive Use Area, that will result in the owner being held in contempt of the court once enforced.
Ideally, the other trustees should have taken action against the offending trustee by removing him from office and seeking an order for the dog’s removal from the scheme via the Community Schemes Ombud Service.
At the end of the day, trustees have a fiduciary obligation to the body corporate they serve, and should not be deviating from their duties.
Singh is a law academic and affiliate of the Association of Certified Fraud Examiners, South Africa.
#Conviction
2 Comments
In my compelx there was a trustee who kept bringing in 2 dachshund dogs
He used to say that the dachshunds dogs were his sons so he didnt need permission
He resigned eventually
Too many ppl thinking that being a trustee means they can do whatever they want.
Something needs to be done!