Is my home owners’ association a non-profit company or common law association and what does that mean?
By Ané de Klerk All home owners’ association (“HOAs”) can be split into two categories: common law associations and non-profit companies. While all HOAs share some similarities, their different legal … Continue reading
Does the CSOS have a say over the content of your HOA’s constitution or Memorandum of Incorporation?
By Ané de Klerk Section 4 of the CSOS Act, 9 of 2011 (“the Act”) makes it clear that the Community Schemes Ombud Service (“CSOS’) has a great deal of … Continue reading
Electing a home owners’ association director
By Anton Kelly Because non-profit companies were dealt with in section 21 of the previously applicable Companies Act, you might still hear of home owners’ associations (HOAs) being referred to … Continue reading
Are the rules and architectural guidelines in your HOA binding?
Despite the fundamental governance documentation for home owners’ associations (HOAs), almost all HOAs have additional documentation that restricts the way members can use their properties, conduct rules and architectural and landscaping guidelines being the most common. The question could be, though, are rules and architectural guidelines binding on HOA members?
Fining Rules in Home Owners’ Associations
By Carryn Melissa Durham Recently I wrote an article on Fining Rules in Sectional Title Schemes. This article will deal with the validity of a penalty rule and the validity … Continue reading
Home Owners’ Associations – What applies?
By Zerlinda van der Merwe Since the Sectional Titles Schemes Management Act (“the STSMA”) and the Community Schemes Ombud Service Act (“the CSOSA”) came into operation on 7 October 2016, … Continue reading
So who makes the rules in your HOA?
By Anton Kelly Those who know a little about sectional title schemes understand that they all have rules. There are management rules and conduct rules and it is the owners … Continue reading
What’s in a name?
By Anton Kelly The formal name of a home owners’ association (“HOA”) can contain significant information for owners and prospective owners of properties in the development. The name of an … Continue reading
Homeowners’ Associations – Levy collection from demand to execution
By Zerlinda van der Merwe When a member of a homeowners’ association (“HOA”) is in arrears with their levy contributions, the trustees (of a Common Law association) or directors (of a … Continue reading
Appearance restrictions in community schemes
By Anton Kelly Property owners in homeowners’ associations (HOAs) and sectional title schemes often run foul of seemingly draconian rules that limit or completely remove their freedom to decide on the … Continue reading
Thinking Inside the Box 