In a sectional title scheme, trustees are responsible for managing the day-to-day affairs of the body corporate. While most decisions are made in good faith and in the interests of the scheme, there may be times when owners disagree with how trustees have acted or failed to act. Disagreements are inevitable in shared living spaces, but how you raise concerns can make all the difference between a helpful conversation and a destructive conflict.

When should you challenge a trustee decision?

It’s important to remember that trustees are bound by the Sectional Titles Schemes Management Act (STSMA), the rules of the scheme, and a fiduciary duty to act honestly and in the best interests of all owners. You may have grounds to challenge a decision if:

• The decision goes against the rules of the scheme or the law.
• It was made without proper consultation or a quorum at a trustee meeting.
• It unfairly benefits a specific owner or group of owners.
• The financial implications weren’t disclosed or approved at a general meeting when required.
• There’s a conflict of interest that wasn’t declared.

Challenges should never be based on personality clashes or minor disagreements. If it’s a matter of personal preference or style, it’s often better to engage in a conversation before escalating.

Five ways to raise a challenge constructively

1. Get informed first: Before challenging a decision, read the sectional title rules, the STSMA, and check the minutes of meetings. Knowing your rights and theirs helps you argue your case clearly and respectfully.
2. Put it in writing: Clearly outline your concern in writing, referencing the rule or law you believe has been contravened. Avoid emotional language and stick to facts.
3. Speak to the chairperson: In many cases, a direct conversation with the chairperson or managing agent can resolve the issue without further escalation.
4. Request a special general meeting: If you believe the matter affects more owners, you may call for a special general meeting. This usually requires support from at least 25% of owners in number and value.
5. Approach CSOS as a last resort: If your concern cannot be resolved internally, you can lodge an application with the Community Schemes Ombud Service (CSOS) for adjudication.

Disagreeing with trustee decisions doesn’t make you difficult – it means you’re engaged – but how you raise concerns matters just as much as the concern itself. Constructive challenges build better-managed, more transparent community schemes.