South Africa Law
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We own 1 of 10 freehold 1HA plots in a private nature reserve. The common property is jointly owned by all 10 members and "portion 11". There is a HOA, who should be responsible for maintaining common property etc. We pay a small levy towards this maintenance. The HOA management committee now decided to perform general compliance inspections on each individual plot. There is no mention in the constitution or rules of the constitution that this is allowed. The constitution and rules are quite clear about architectural and landscaping guidelines, and some members are in breach of this. This is the reason for the committee wanting to perform the inspection. This is all that I could find in the constitution RE the committee "enforcing" compliance: 5.1 Compliance with the rules In the event of a dispute arising about the Rules of the Association or in the event of the breach thereof, then the decision of the Management Committee shall be binding and final with regard to all the owners. Is the committee allowed to perform such inspections?
I am a bit disappointed. Before submitting my CC details, a screen popped up stating that an expert is online now and will answer my question if I pay a higher rate. Unfortunately no responses to my question.