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Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2161
Experience:  B.Comm; LL.B; LL.M.
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We own 1 of 10 freehold 1HA plots in a private nature reserve.

Customer Question

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?

Submitted: 3 years ago.
Category: South Africa Law
Expert:  Wendy-Mod replied 3 years ago.
Hello,

I'm Wendy, and I’m a moderator for this Legal topic.

We have been working with our professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

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Customer: replied 3 years ago.

Hi Wendy,


 


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.

Expert:  Fran-mod replied 3 years ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  Mike Otis replied 3 years ago.
Welcome, and thank you for your question.

It would seem that such authority to do inspections, if not specifically given in the constitution, would certainly be implied as that seems to be part of the committee's duty to enforce the constitution and rules. Of course, since the scope of the authority to inspect is not clearly stated, it will be limited only to what is actually necessary for the management committee to establish the nature and extent of the violations of the architectural guidelines.

Yours faithfully
Expert:  Mike Otis replied 3 years ago.
May I be of further assistance?

If you are satisfied with my answer, please rate my answer. If not, I would be happy to deal with any outstanding issues.

Yours faithfully