There are a number of courses of action available to an association or its members where CBS is unable to investigate the matter reported.
- There are a number of books available that describe good management and administrative practices including the proper conduct of meetings.
- If members believe that the association's affairs are not being conducted in accordance with their wishes, the members may consider calling a meeting of members to discuss the issue and decide on an appropriate course of action.
- If the matter concerns a dispute, the parties may consider meeting to resolve the dispute, or if it cannot be resolved at a meeting, the parties may choose to meet and discuss the dispute in the presence of an independent third person agreed to by the parties.
- The association may consider the inclusion of a suitable dispute resolution procedure in the rules of the association. An example set of Rules that includes a dispute resolution clause is available from our website.
- Section 61 of the Act allows a member to pursue remedies with the Supreme Court or the Magistrates Court, on the ground that the association has engaged, or proposes to engage, in conduct that is oppressive or unreasonable (including, if relevant, a breach of the rules by the committee).
- These court remedies are also available to a former member provided that application is made within six months of the cessation of the person's membership.
- Where the rules are clearly deficient, e.g. in dealing with the internal organisation or administration of the association, the association may consider members' approval of an alteration to the rules.
- Where an association is unable to amend its rules because, e.g. it is impossible to gain a quorum for a meeting because of a high number of members required, or members are unable to reach agreement, section 24A of the Act allows an association to apply to the Court for a variation of the rules.
- The association may consider seeking legal or other professional advice in relation to the matter. It is not a function of CBS to provide private legal advice on such matters.
