{"id":21397,"date":"2013-07-25T00:13:47","date_gmt":"2013-07-24T22:13:47","guid":{"rendered":"http:\/\/www.myza.co.za\/property-poser-homeowners-association-changes-the-game\/"},"modified":"2013-07-25T00:13:47","modified_gmt":"2013-07-24T22:13:47","slug":"property-poser-homeowners-association-changes-the-game","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/property-poser-homeowners-association-changes-the-game\/","title":{"rendered":"Property Poser \u2013 Homeowners\u2019 association changes the game"},"content":{"rendered":"

This week the Property Poser experts assist two readers with queries relating to a homeowners\u2019 association (HOA).<\/p>\n

The first reader would like to know what percentage of owners should have to vote to change the rules of an HOA. He thinks that it should be about 70% and would like to know whether it would have been legal had this action been taken with the vote of only 10% of the owners.<\/p>\n

The second question comes from a reader who did not realise that the development he had bought into formed part of an HOA.<\/p>\n

According to Schalk van der Merwe from Rawson Properties Helderberg in Cape Town, an HOA can be an imposed restriction on a developer intending to develop land.<\/p>\n

\u201cIt\u2019s often found when a development is built on a piece of land with a shared, privately-owned open space for amenities.\u201d<\/p>\n

Van der Merwe says each owner obtains a separate title deed for his or her piece of land and there is a joint right of use of the infrastructure and common facilities.<\/p>\n

\u201cThe administration and ownership of such common facilities vests in the HOA.\u201d<\/p>\n

The association\u2019s constitution typically sets out the guidelines for the management, operation and maintenance of the common property, says Van der Merwe.<\/p>\n

\u201cThis usually includes landscaping, recreational facilities, private streets and driveways, outdoor lighting, communal structures and fences.\u201d<\/p>\n

Van der Merwe says the document will typically include the manner in which any part of the constitution may be amended, usually at a special general meeting or the annual general meeting.<\/p>\n

\u201cNot having seen the constitution in question, we can only guess what the required number of votes would be to change the rules in this instance. But it\u2019s most unlikely that it will be as low as 10%.\u201d<\/p>\n

Van der Merwe says the reader should be able to access a copy of the constitution to check the requirements.<\/p>\n

\u201cThe voting thresholds should be clearly set out and he could quickly determine whether the ostensible amendments were legally executed.\u201d<\/p>\n

Regarding the second reader\u2019s situation, there are a number of legal issues and questions arising, says Sean Radue of Radue Attorneys in Port Elizabeth.<\/p>\n

\u201cWe aren\u2019t advised whether the HOA requirement was disclosed to our reader or whether he took any steps to check, such as perusing the title deed.\u201d<\/p>\n

Radue says a clause usually found in a contract of sale is that the purchaser has looked at the title deed and is aware of any restrictions contained therein.<\/p>\n

\u201cOne should remember that there\u2019s usually a duty on the purchaser to make some enquiries of his own.\u201d<\/p>\n

Radue says the panel is not told whether the reader would still have bought the property, had he been aware of this requirement.<\/p>\n

\u201cThe restriction could be regarded as a defect of sorts.\u201d<\/p>\n

It is possible that a misrepresentation of this fact could have resulted in the buyer proceeding with the purchase when he may not have done so had he known about the existence of an HOA, says Radue.<\/p>\n

\u201cHe may thus claim for the setting aside of the agreement based on this fact.\u201d<\/p>\n

On the other hand, he may have possibly wished to continue with the sale, but at a lower price, considering the potentially restrictive nature of an HOA, says Radue.<\/p>\n

\u201cIn such an instance, he may have a claim for the reduction of the purchase price.\u201d<\/p>\n

To ask a property related question, visit www.propertyposer.co.za.<\/p>\n

URL<\/strong>: http:\/\/www.propertyposer.co.za<\/a>
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Author: Coetzee Gouws<\/strong> from Full Stop Communications<\/a>. Originally distributed by MyPR.co.za<\/a>.<\/strong><\/strong><\/p>\n

No of Images Uploaded: Two<\/strong><\/p>\n

To gain access to Two<\/em> image\/s please Like, Tweet or +1 this article:<\/strong><\/p>\n

Images:<\/strong>
\"Schalk_van_der_Merwe\"
\nSchalk van der Merwe Photographer:\"Sean_Radue\"
\nSean Radue<\/p>\n","protected":false},"excerpt":{"rendered":"

This week the Property Poser experts assist two readers with queries relating to a homeowners\u2019 association (HOA). The first reader would like to know what percentage of owners should have to vote to change the rules of an HOA. He thinks that it should be about 70% and would like to know whether it would […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","ngg_post_thumbnail":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1],"tags":[3257,1452],"class_list":{"0":"post-21397","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-south-africa","7":"tag-mypr","8":"tag-public-relations","9":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/21397","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/comments?post=21397"}],"version-history":[{"count":0,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/21397\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media?parent=21397"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/categories?post=21397"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/tags?post=21397"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}