STEYN CITY PARKLAND RESIDENCE
PEZULA PRIVATE ESTATE
not contained in the HOA’s documents. HOA actions
are usually upheld in court if the authority is provided
in the documents or by statute and the board acts
reasonably in carrying out the authority.
If I buy property in an area governed by a Homeowners’
Association, how will I know the rules?
The MOI and rules are recorded documents and
potential buyers should obtain a current copy and read
them before buying. These articles permit the HOA to
make rules and regulations governing the conduct of
the members and the use of the common property.
The HOA should have copies of all current documents
What are some of the common problems faced by
directors?
Rule creation and enforcement are an area of concern.
Owners will need (and deserve) adequate notice of any
alleged rule violation, including an opportunity to be
heard, before any penalties are imposed. When owners
fail to pay levies, the board often struggles to find the
best way to get payment. When conducting meetings,
it is recommended that the board use a guide like
Robert’s Rules of Order. This will allow the orderly
participation of HOA members and assist the board
to reach decisions on important issues.
available for review. Often a copy can be obtained It is not uncommon for volunteer board members to
from the estate agent who sold the home. have little experience in running an HOA. For this reason,
Homeowners who disagree with a rule should address
concerns to the board. Rules can be amended or
revoked if they are unreasonable, unnecessary or simply
unwanted by most owners. The amendment or revocation
will require a member vote at an AGM or a properly
constituted special general meeting. Voting requirements
are usually found in the documents. If owners disagree
with a rule and are unsuccessful in getting it amended
or revoked after following the proper procedures within
it is important that all directors become familiar with
the governing documents. While the documents often
outline the steps necessary for proper action, some
situations may require guidance from experts with
greater experience. Most HOAs employ a management
team to assist with administrative duties. Experienced
attorneys also provide much-needed assistance in
interpreting and amending documents, levy collection,
internal dispute resolution and other complex issues.
the HOA, the owners can always bring a legal action Finally, and perhaps most importantly, harmony can
to declare the rule unenforceable. However, this could be sustained by encouraging open communication and
become very expensive. cooperation between owners and the board.
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SERENGETI GOLF AND WILDLIFE ESTATE