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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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I am the chairlady of our complex, HOA, and we just cannot

Customer Question

Hi, I am the chairlady of our complex, HOA, and we just cannot get the homeowners to repair and paint their units. We have been requesting them to do this for over two years and they just ignore us. The estate agents have contacted me when they are trying to sell units but this is putting potential buyers off. What can we do. Some of the units have raw cement showing and others are just putting up structures without prior approval and its is starting to make the complex look like a low-cost housing project. Please give info on how we can move forward to correct this.
kind regards
Leona Moss
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good Morning

HOA's are not like Sectional Title Units, where there is an act that says what the members of the body corporate can do and cannot do. The Act also explains the remedies of the body corporate/trustees.

HOA's are responsible to draw up their own documents in that regard. This is normally the HOA's constitution and other policy documents or rules. There is, for instance, no uniformity rule in an HOA unless such a rule is part of any of the above documentation. Same with the Management Rules in the Sectional Titles Act that require the owners to maintain their units.

So, in order for me to answer that question, I would need to have a look at the documents applicable to the HOA and make sure that it is valid. I will assume for the moment that it is indeed valid. You would then have to go through the valid documents and see whether the obligations that you want to impose on the owners are actually imposed by the constitution or rules. If not, there is very little that you can do. If it is in there, you can proceed to step 2.

You need to check the very same documents to establish the procedure to address a breach. There may be notices that you are required to send in a particular way. There may be clauses that says you must refer the matter to arbitration. If there is no such clauses, then you would have to approach a High Court (advisably with the assistance of an attorney) to obtain an order to compel them to fix their units and demolish unapproved structures.

I hope this helps you a little bit, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.