Legal and Property Advice from the Professionals
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...]
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...]
This week the Property Poser panel helps a reader whose Home Owners’ Association (HOA) makes unilateral decisions affecting residents without achieving a quorum at meetings. Although the required number of members are never present, the reader says the HOA continues to make changes to the rules of her complex. This includes the building design and style of new homes being erected and, she … [Read more...]
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. … [Read more...]
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...]
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...]
This week, our panel considers a reader's question regarding the leadership of a home-owners' association (HOA). She writes that she has lived in the complex for a number of years and thus far has had no issues. However, since the latest chairperson of the HOA took up the position, this has changed. The reader feels that the rules imposed by this new chairperson are too strict and contradict … [Read more...]
Our panel has received an e-mail from a reader who has recently moved into a freehold complex where the "house rules" are somewhat of a grey area. She finds no reference to a Homeowners' Association in the Deed of Sale and says she has no access to the property's title deed. Brian Kinnear, principal of Fresh Lifestyle Properties in East London, says a Homeowners' Association is often imposed … [Read more...]
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...]
| Post your free question here |  |