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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1560
Experience:  BCom; LLB; Masters in Law
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Barend I am looking to see if anyone has asked what to do

Customer Question

Hi Barend I am looking to see if anyone has asked what to do with a problem with a chairman of hoa who has decided security should be for individual clusters and the gate guard are only access guards...and the fence may or may not work.... Switched off by guards willy hilly ...breaking soaring....etc.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year 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.

You should remember that the chairman of the hoa has been appointed (voted) for by the members of the hoa. The members of the hoa can therefore kick him out, and can appoint somebody else. Otherwise the trustees must kick him out.

The first step is to obtain a copy of the hoa constitution.

The second step is to force the hoa / trustees to call a meeting to vote on the removal of the current chairman, and for a new chairman to replace him.

Then, at the same meeting, the members must raise all of these issues (guards, fence, etc) with the trustees and must give the trustees direction on what actions are to be taken. e.g. tell the guards to do XYZ, or not to switch off the fence!

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 - don't 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,