IMPORTANT!

• An applicant submitting the application for approval of a unanimous or special resolution must ensure that the application and any supporting material contain only information which the applicant is prepared to have made available to all other parties to the dispute The information submitted by the Applicant will not be classified as private and confidential
  
• The application should be made within 90 days after failure by the Applicant to obtain the required resolution
  
• THIS IS A FREE SERVICE!
  
• BE FORE SUBMITTING TO CSOS Ensure that the resolution was tabled at the AGM (or via round robin) 30 days
  
• QUESTION? What is the quorum requirements for Special and Unanimous Resolutions?

• The Chief Ombud WILL notify any interested and affected parties and provide them with an
  opportunity to be heard before a decision is made by providing the parties with the notice (together with supporting documents) on the nature and purpose of the resolution received from the applicant This is also meant to ensure that there is transparency in the approval process
  
• The body corporate must ensure that the said notice is circulated to all members of the body
  corporate and provide proof to that effect The read receipt notice or member signature
  acknowledging receipt will serve as proof that the notice has been received by a member of the body corporate
  
• The affected parties will have 21 (twenty one) working days to respond to the notice
  
• The Chief Ombud will only consider an extension of the 10 ( days if exceptional circumstances exist as to why an affected party cannot respond within the given time frame as mentioned above
  
• If no response is received from the members, as requested, the Chief Ombud will proceed and make the decision which will be circulated to the parties within thirty 30 working days

1. Notification for the meeting and proof that all owners received same Notification for a round
   robin should be submitted where applicable
   
2. Minutes of the general meeting indicating the number of members who attended or duly
   represented by proxy, clearly indicating quorum requirements
   
3. The read receipt notice or members signature acknowledging receipt, will serve as proof that the notice has been received by a member of the body corporate
   
4. Confirmation by trustees indicating votes, both in number and value of members who voted in favour of the resolution
   
5. A list indicating the number of members who voted against the resolution
   
6. Reasons from members who voted against the resolution if so provided
   
7. Any other documents in support of the application
   
8. Motivations in support of the resolution

• The objective of the STSMA and the Regulations
  
• The reasons submitted by members who voted against the resolution
  
• The objective and purpose of the resolution
  
• Whether the resolution will enhance the living conditions of the members residing in the scheme or promote proper governance in community scheme

BUT!!

• Before the Chief Ombud can approve the application, at least more than 75 of members entitled to vote both in number and value should have voted in favour of the unanimous resolution At least more than 50 of members entitled to vote both in number and value should have voted in favour of the special resolution

• That the dispute is part of, or closely related to the existing proceedings in court
  ?
  
• That the applicant failed to provide requested further particulars within 14 ( days
  ?
  
• That the application does not fall within section 6 9 of the STSM Act
  ?
  
• That the application does not meet the necessary requirements
  
  

APPLICANTS WILL BE INFORMED IN WRITING IF THE MATTER IS REJECTED

• Once the Chief Ombud has made a decision, any party who is affected or
  is an interested party who is not satisfied by the decision may file a review
  application with the High Court against the decision of the Chief Ombud