Home
/
Our Insights
/
Article Detail
/
Home
/
Home
|
Login
Our Team
Our Expertise
Our Insights
BOOK CONSULTATION
SUBSCRIBE
Our Team
Our Expertise
Our Insights
You can share this article in the following networks2:
When must my Home Owners’ Association protect my property?
11 April 2019
314
“I live in an estate. While on holiday my house was broken into. I feel that lax security could have been the reason for the break-in. However when I raised this with the Home Owners’ Association they were dismissive and said they had no responsibility for the break in. Is this true?”
A Home Owners’ Association (HOA) is a body comprising of the home owners of a specific estate entrusted by the home owners with the running of the estate and communal affairs of those home owners.
In the recent case of
Van der Bijl and Another v Featherbrooke Estate Home Owners’ Association,
it was held that a HOA is merely a vehicle by which the home owners of the estate elect to achieve common goals. Accordingly, in the absence of a specific agreement between the Association and its members as to the liability of the Association to protect those residing on the Estate, the Court found no basis for holding that the Association had a duty to protect the home owners or that the law required that the Association should have such a duty.
Therefore, a HOA can only be held liable for the safety and security of its homeowners where it is specifically obligated to do so in its memorandum of incorporation or it has been contractually agreed to by the HOA with a home owner.
Previous
How fair must government tenders be?
Next
What to do when a business opens next door to your house
Tags:
Property
Share:
Talk to us
Get in touch with us to discuss how we can help you with your challenges
Get in touch
Related Insights
The latest developments in respect of the new Anti-money Laundering Legislation
You must take capital gains tax into account in your estate planning
Employment of foreign nationals in South Africa to be tightly regulated
Popular Insights
What to expect from the new draft Employment Equity Act Regulations
How liable is an owner for damage caused by animals?
AI Rights vs Human Rights
Recent Insights
The latest developments in respect of the new Anti-money Laundering Legislation
You must take capital gains tax into account in your estate planning
Employment of foreign nationals in South Africa to be tightly regulated
You can share this article in the following networks:
Offices
+27 58 307 5300
Back to top