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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1351
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I live in a private estate in Durbanville Cape Town with

Customer Question

I live in a private estate in Durbanville Cape Town with a properly constituted HOA, Constitution , Conduct rules and Architectural Guidelines. My questions are he following: 1. The HOA and Managing agents refuses to give me the contact details of the other members of the HOA. The managing agent maintains that it would be in conflict with the RSA Constitution and lately also I conflict with the POPI Act. I maintain that I cannot be deprived of this information as we are members of the same association in interims of this bond any rights on privacy with regards ***** ***** and contact details are actually waved? Your comment and if necessary reference to case law. 2.One of the requirements of the constitution is that clearance for transfer of a property on the estate maybe withheld if that particular member is in arrears with any levies due or in conflict with any the conditions of the constitution, conduct rules or architectural guidelines. In this case the particular owner is in conflict with he particular guidelines as his house was painted the wrong colour. The managing agent maintains that there is a high case court ruling not withstanding the afore mentioned rules that states the transfer may only be withheld if levies are in arrears and not for example when that particular owner in conflict with architectural guidelines. Kindly comment and if appropriate please quote the relevant case law. 3.The architectural guidelines rules that all air conditioners should be appropriately disguised as it should not be visible from outside the property. This is not he case as the trustees has neglected this issue. It has now become a issue as owners "do as they wish" on other esthetical issues because you have allowed this and allowed that. The trustees are reluctant to take action on this air-condition matter as it has been allowed the conflict with the guidelines for so long. They also maintain that in two instances the trustees has approved building plans wrongfully indicating the positions of air conditioners in the wrong position. The owners now demand that they will move the air conditioners but the HOA must pay not withstanding a provision in the constitution that the trustees (and I assume the HOA) is not liable for faults if done in good faith. Our legal comments on this issue will be appreciated. Kind regards ***** ***** XXXXX

Submitted: 2 years ago.
Category: South Africa Law
Customer: replied 1 year ago.
I have not received an answer to my question and various follow ups.!!!! indly pay back asap
Customer: replied 1 year ago.
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