Amendment of Conduct rules

How do we go about amending our scheme’s Conduct Rules?

The first step will be for the Trustees to plot what they would like to be included in the rules.  CSOS in their Practice Directives has set out some undesirable rules that cannot be approved. 

It is suggested that an experienced ST Attorney be consulted when the Trustees draft the proposed rules.  These attorneys know what CSOS will approve and what not and which rules will be difficult to enforce.

Once drafted it is recommended that the rules be circulated to all owners for their input.  A deadline can be given for this project. 

Taking into consideration the comments from the owners the Trustees can then proceed in getting the proposed rules approved by special resolution.  It can either be done on a round-robin basis – whereby the rules are circulated to all owners and at least 75% in number and value must approve the rules.  Or it can be done at a meeting where a normal quorum is present and 75% in number and value of those present at the meeting.

Once the special resolution has been passed the rules are still not enforceable yet.

It now has to be submitted to CSOS for approval.

On approval, CSOS will give a certificate, and only from the date of this certificate will the rules be enforceable.