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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2402
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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If your levies are up to date, can the HOA refuse you entry

Customer Question

If your levies are up to date, can the HOA refuse you entry and exit to your property in the estate where you live, if you do not want to sign indemnity clauses to use the biometric system?
Submitted: 15 days ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 15 days ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

They cannot deny you access to your property even if your levies are in arrears. The problem is however that if there

was a valid decision by the body corp to install a biometric system and you refuse to use it, you are basically locking yourself out.

I am not sure why you are refusing to sign the clause. If there is something worth challenging and they refuse to listen then you can go to court for a declaratory order or to challenge the clauses.

I hope this answered your question.

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