Our scheme has many problems with the Developer and we would like to take this further – what can we do?
Taking legal action against the Developer is not something that the Trustees can decide on their own. They have to table the matter to the owners. They would need a special resolution to be passed – this can be done on a round-robin basis or at a meeting. Remember our Easy Guide to Resolutions that is available on request from karienc@trafalgar.co.za
Section 2
(7) The body corporate has perpetual succession and is capable of suing and of being sued in its corporate name in respect of—
(e)any claim against the developer in respect of the scheme if so determined by special resolution.