Part 1

Commonhold

Operation of commonhold

Ombudsman
42
1
Regulations may provide that a commonhold association shall be a member of an approved ombudsman scheme.
2
An “approved ombudsman scheme” is a scheme which is approved by the Secretary of State and which—
a
provides for the appointment of one or more persons as ombudsman,
b
provides for a person to be appointed as ombudsman only if the Secretary of State approves the appointment in advance,
c
enables a unit-holder to refer to the ombudsman a dispute between the unit-holder and a commonhold association which is a member of the scheme,
d
enables a commonhold association which is a member of the scheme to refer to the ombudsman a dispute between the association and a unit-holder,
e
requires the ombudsman to investigate and determine a dispute referred to him,
f
requires a commonhold association which is a member of the scheme to cooperate with the ombudsman in investigating or determining a dispute, and
g
requires a commonhold association which is a member of the scheme to comply with any decision of the ombudsman (including any decision requiring the payment of money).
3
In addition to the matters specified in subsection (2) an approved ombudsman scheme—
a
may contain other provision, and
b
shall contain such provision, or provision of such a kind, as may be prescribed.
4
If a commonhold association fails to comply with regulations under subsection (1) a unit-holder may apply to the High Court for an order requiring the directors of the commonhold association to ensure that the association complies with the regulations.
5
A reference in this section to a unit-holder includes a reference to a tenant of a unit.
Pt. 1: transfer of functions (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), arts. 1(2), 11 (with arts. 12-14)
Words in s. 42(2) substituted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 10(a) (with art. 14)