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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
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Pearl JA: How can we be of help? Customer: I live within

Customer Question

Hi Pearl
JA: How can we be of help?
Customer: I live within a gated community governed by a HOA.
JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: I have tentatively discussed with the Estate Manger, my plans to erect a wooden Wendy House in my garden, and she informed me that this application would almost certainly be refused by the 'Building Committee' which consists of one individual. The same would apparently apply to building a jungle gym and sandpit for my kids to play in.
JA: OK. The Lawyer will need to help you with this. Anything else I can tell the Lawyer before I connect you two?
Customer: What are my rights under such circumstances ?
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: South Africa Law
Expert:  WCLawyer replied 8 months ago.
Good MorningYou need to consult the various documentations that apply to your HOA. There will invariably be a aestethics guideline or a building guideline or a style guideline. See if there is any prohibition to the structures that you intend to erect. If not, you need to have a look at the memorandum of incorporation or the constitution and see if there isn't anything that prohibits it.You also need to look out for clauses that will tell you how to lodge disputes. Almost every time it will be through private arbitration.If the guideline prohibit it, then the building committee, whether it be one person or ten people, will not be able to approve it. They are only allowed to do what the guidelines allow them to do. If it is not prohibited, then you have two options: Submit the application for permission. If they refuse it, lodge a dispute in the prescribed manner. Or you can erect the structures without permission and wait for them to follow the dispute resolution road and then defend it.
Customer: replied 7 months ago.
Hello WCThank you very much for your answers to my questions.They are most informative and I now have a strategy with which to pursue my case.Regards
Simon Witherspoon
Expert:  WCLawyer replied 7 months ago.
Only a pleasure. Kindly do not forget to rate.