DTS Attorneys – Law Firm in Port Elizabeth

Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or Else

“Good rules make good neighbours.” (Old proverb, updated) The many benefits of living in a residential complex come, naturally enough, with obligations as well as rights. With its innate potential for conflict between competing rights, community living requires a fine balancing act between the individual rights of owners and residents, and the rights of the […]

Can You Airbnb Your House or Apartment in a Residential Complex?

“Landlords grow rich in their sleep.” (John Stuart Mill, economist) If you are thinking of buying (or already own) a house or apartment in a residential complex with the idea of renting it out as an Airbnb (whether permanently or on an “I can make a fortune this Christmas” basis), tread carefully. A recent High […]

A Complex Issue: Beware Late Building Penalties

“Home wasn’t built in a day.” (Jane Ace, radio comedian) You find the perfect plot on which to build your dream home in a security estate. Your offer is accepted and transfer proceeds – happy days! So, imagine your distress when, having proudly taken ownership, you are suddenly told by the HOA (Homeowners’ Association) that […]

The Garage Door That Had the Complex Up in Arms

Homeowners Associations (HOAs) and Bodies Corporate take note! A recent High Court decision confirms that you cannot enforce your rules and regulations inconsistently. At stake in this case was an HOA’s instruction to a homeowner to remove his “mirror finish” garage door, which contravened one of the estate’s architectural rules. But, as some damning photographs of other mirrored doors proved, the HOA had seemingly not enforced that rule consistently…

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