A reader has asked the experts for a comparison between property ownership where the provisions of the legislation relating to sectional titles are applicable and where those of a homeowners' association (HOA) apply. … [Read more...]
Search Results for: Homeowners Association (HOA)
How decisions are made in a homeowners’ association
This week the experts assist two readers with queries relating to a homeowners' association (HOA). … [Read more...]
Homeowners’ association a legal entity
The chairperson of a homeowners' association has posed several questions relating to this body to our panel. One of the properties in their housing community is occupied by the owner's son, who is a student. The owner is about two years in arrears with the payment of water, refuse removal and monthly levies. Since individual water meters are not accessible, the municipality provides them … [Read more...]
Quick reference
Click one of these links for a quick solution to your problem. This page will be updated continuously. Annual General Meeting (AGM) Body corporate Chairman/Chairperson Commission Consumer Protection Act Co-ownership Deeds office Deposit Developer Divorce Drainage Eviction Fixture Fiduciary relationship Habitatio Homeowners Association (HOA) Huur gaat voor … [Read more...]
Replacing window frames to freehold and sectional title units
I am considering purchasing one of two potential properties in different complexes and I would like to know whether I can replace wooden window frames with lower-maintenance aluminium ones. One unit forms part of a sectional title scheme while the other is a freehold property where a Homeowners' Association (HOA) is involved. Thank you Potential Alterations See what the experts have to … [Read more...]
Changing window frames in a freehold or sectional title complex
A reader, who is considering purchasing one of two potential properties in different complexes, wants to know whether she can replace wooden window frames with lower-maintenance aluminium ones. … [Read more...]
Daughter can inherit property subject to accepting HOA rules
A reader who has bought a property in a development has been told that she will need consent from the homeowners' association (HOA) to bequeath it to her daughter and would like to know if this is correct. … [Read more...]
How does an HOA really function?
Hello Property Poser, I would like to read an article that considers the plight of the homeowner in a homeowners' association (HOA). I think many people buy into an HOA without really knowing how it functions. Your advice would be greatly appreciated. Kind regards, Concerned Reader Read what the experts have to say. … [Read more...]
Holding HOA directors accountable
This week the Property Poser panel considers the plight of the homeowner in a homeowners' association (HOA) following a number of recent queries. Many readers seem to be buying into an HOA without really knowing how it functions. In the event that the homeowners' association is a company, it is regulated by the Companies Act, says Schalk van der Merwe from Rawson Properties in Somerset West, … [Read more...]
What are the pitfalls of buying in an HOA NPC?
Hello Landlord, Please could you give an essay with practical advice for our group of ladies who meet once a week for bridge. We are all interested in buying in a Homeowners' Association (HOA) NPC that is being developed. It is advertised as aiming at people over the age of 65, but anyone over 55 may buy there. We are tired of looking after large gardens and finding gardening staff, and … [Read more...]
What is the exact work of a managing agent for an HOA?
Hello Landlord, Your general views will be appreciated in the following situation. Proposals to lay down the explicit duties for a managing agent of a homeowners' association (HOA) NPC - the owners can propose and decide at the AGM, but what do you suggest? As soon as the economy takes an upturn, many people will want to buy in HOA, so information is needed. Yes, we have already … [Read more...]
Sectional title and HOA: what financial information can I demand?
What information can one demand from the financial statements of a sectional title complex and a Homeowners' Association (HOA) complex? Kind regards, Muddled Reader Read what the experts have to say. … [Read more...]
Penalty on undeveloped plots disputed
The latest question put to our Property Poser panel comes from a reader who lives in a complex where a number of owners are disputing a penalty imposed on their undeveloped plots. The reader writes that his complex is regulated by a Homeowners' Association (HOA) whose constitution makes provision for a monthly penalty to be levied on owners who do not develop their plots within 36 months of … [Read more...]
Managing agent earns commission on the side
The Property Poser panel has received an interesting query from a reader regarding a commission paid to the managing agent of his complex. The reader lives in an estate that comprises both free-standing and sectional title units, resulting in the appointment of both a homeowners' association (HOA) and body corporate. Financial and administrative duties, as well as related management … [Read more...]
Commercial levy centre of attention
This week a reader presents the Property Poser panel with an interesting question about setting up a participation quota system for a commercial property, in this instance a shopping centre. The reader explains that the centre comprises 28 freehold stands, each with a building upon it. According to him, the "memorandum of articles" refers to a levy based on a budget divided by that … [Read more...]
Property (mis)management company
This week the Property Poser panel addresses a reader’s issue with a property management company. He writes that he ended his homeowners’ association’s (HOA) mandate with the company, which was responsible for administration and accounting services. The HOA had become dissatisfied with the service provider and, despite efforts by the company to improve, the situation became untenable. The … [Read more...]
Levies divide owners in HOA
This week, a reader confronts the Property Poser panel with a rather complex issue regarding levy payments in a freehold estate. He owns a property in such a development, which is managed by a homeowners' association (HOA). When the estate was developed, he says, it was decided that there would be 25 separate plots and that the levy would be shared equally among the owners. A few owners, … [Read more...]
Unseating a chairperson
After experiencing ongoing problems with the chairperson of her homeowners' association (HOA), a reader asks our panel what the correct procedure is for unseating such a person. The reader says that, despite the HOA members having voted unanimously for her removal, she is continuing in the role. The chairperson contends her dismissal is merely temporary until a current dispute with her … [Read more...]
