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WCLawyer, Attorney
Category: South Africa Law
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Experience:  L.LB (UOVS)
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I own a full title home in a security complex and added a carport

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I own a full title home in a security complex and added a carport which has a municipality approval. I received a letter from the lawyers of the developer stating that my carport is an illegal structure and I must remove it within 7days. Is my carport illegal?

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Customer: replied 3 years ago.
I will wait for the answer

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This is an info request to assist you better. Please continue on this thread.

Is it on common property, an exclusive use area or within your unit?
Customer: replied 3 years ago.
It is within my unit
Does anybody else in the complex have a carport? Did you obtain permission from your Municipality to erect the carport?
Customer: replied 3 years ago.
Nobody else has a carport. It is a new complex with 6houses at the moment. And it was approved by the municipality
Did you get permission for the carport from the BC or the Board of Trustees?
Customer: replied 3 years ago.
The complex is a joint venture between the building contractor and the developer. We asked the builder if he could add the carport and he said the developer has agreed. We don't have a written permission from the developer . The other problem is that the developer and the building contractor are having a dispute over some payments and are not in talking terms
Apologies, I did not see that this pertains to a Home Owners Association. Just confirm this is not sectional title, please.
Customer: replied 3 years ago.
It is a full title stand
Customer: replied 3 years ago.
It is a full title stand not sectional

If the Municipality signed off on it, clearly it cannot be an illegal structure in terms of any by-laws.

Having said that, if your (properly constituted) complex rules require you to get permission first, or have it approved by something like an aesthetics committee or something to that effect, then it may well be that the structure can be taken down on those grounds. So, I suggest that you go through the constitution and rules and architectural guidelines or whatever else is applicable to your complex to see whether you have followed all the procedures there.

The point is, though, that they need to take action against you (them being whomever is in charge of administrating the place). They cannot just chop down the carport without first obtaining a court order that allows them to do so, since that would be a crime. So you can, if you want to, adopt a "wait and see" approach. Having said that, if you clearly breached the complex rules, it is probably going to be cheaper for you to either negotiate in order to keep it, or take it down.

I know that this is the worst possible news, and I am sorry that I have to be the bearer of bad news. If you have follow up questions in clarification, feel free to ask them at no extra cost. If you are satisfied with the answer, kindly click on one of the five faces on the ratings page. I don't get anything for this answer unless you do.
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience: L.LB (UOVS)
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