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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1290
Experience:  BCom; LLB; Masters in Law
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Mike .. please can you advise.. Kids used chalk to write

Customer Question

Hi Mike .. please can you advise..
Kids used chalk to write provoking messages to my children in front of my house. This was against the rule. The directors met and changed the rule to allow this because it was his child that vandalised the road in front of my house.
Jojo tanks were not allowed in complex. Because a director wanted that in his yard then the rule was changed and this is now allowed.
Fencing with metal sheets for blinding the jojo tank is now also allowed as the rule was changed by the directors because it suited the director that put in the jojo tank.
Please advise if this is allowed to be done by the directors..and if i am a director can i also change rules for my personal preferences.
Initially the chalk writing was against the rule however, The HOA changed the rule and said any washable material can be used to decorate the common areas/roadway when i complained about the chalk writing.. so if I use flour that washes away with rain can they give me a fine for that.
If my kids use washable chalk or flour on the roads and if the HOA give me a fine, then do i have to pay the fine?
The rules are being changed to meet the needs of directors. Is this how it works.?
Submitted: 7 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 7 months ago.
Hi there and thank you for your question,I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.The legal answer to your questions is quite simple. You are a member of a HOA which is made up of members. The members each vote at meetings to determine the rules and how the HOA is run and operated. If the rules are changed, then you will first need to determine if the correct procedure was followed in changing the rules. Was there a proper meeting called. Was there a proper vote taken. Did the resolution to change the rules pass? Was the rule properly amended?All of those things can be challenged by the members who are aggrieved by the rules or any changes to the rules. If the proper procedure was followed, then I'm afraid that you're bound by the rules. If the proper procedure was NOT followed, then the rules were not properly amended and you can disregard the "amended" rules. You should ask the HOA for a copy of the rules, and a copy of each resolution and minutes of the meeting where the rule was amended. If they don't give you the information, you should do a PAIA request to them. If they still don't, then you can launch a high court application to force them to give you the information.That should be enough to show them that you mean business!If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer! Good luck and best regards,CaseLaw
Expert:  CaseLaw replied 7 months ago.
Hi there again,I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.If you're happy that I've answered your question, please leave positive feedback for me.RegardsCaseLaw