Our Trustees have made rules regulating the use of the parking bays in our scheme. I don’t agree with these rules how can I challenge them?
The STSM Act is clear in regards to what rules a Body Corporate can have and how these rules must be approved.
The only rules a Body Corporate may have is : Conduct rules – approved by special resolution by the members or Management Rules – approved by unanimous resolution by the members.
Nowhere in the STSM Act is there a clause giving the Trustees the right to make rules without consulting the owners.
If someone asks me a question regarding the interpretation of their rules then the first thing I check is whether these rules were approved by CSOS (if the rules were made after 7 Oct 2016). CSOS will not approve rules made by the Trustees; they will ask for the special or unanimous resolution whereby it were approved by the owners.