What is a homeowner's association?

Author

Kruger Attorneys & Conveyancers Inc

A homeowner's association (HOA) is usually created by a restrictive condition contained in a title deed or by agreement of homeowners. Typical aspects of homeowners' associations: • HOA's are generally found in closed-off/boomed areas • Owner of the property within the HOA will be liable for levies used for general upkeep of common areas. • The HOA may also in terms of its incorporation documents enforce rules upon the members • Purchasers will be required to become a member of the HOA • Purchasers will automatically become a member of the HOA on the day of transfer and will cease to be a member on the transfer of the property to a new owner It is important to inform purchasers that they will be required to become a member of the HOA, liable for levies and subject to its rules when purchasing a property that forms part of a HOA _by Nathan van Zyl from Kruger Attorneys & Conveyancers Inc_

Legal Property News

Legal

Building a Home in South Africa? Here's Why NHBRC Registration Matters

15 Apr 2025

Whether you're a first-time home builder or a seasoned property developer, one thing is clear: the risks of poor construction are real—and they can be costly. That’s where South Africa’s National Home Builders Registration Council (NHBRC) steps in.

Legal

Common maintenance and end-of-lease disputes: A tenant’s guide to resolving issues

31 Mar 2025

Moving out of a rental home should be a straightforward process, but for many tenants, it can turn into a stressful battle over deposits, maintenance, and unexpected charges. Have you ever worried about getting your full deposit back or wondered who’s responsible for fixing that leaky tap before you leave? You're not alone. Disputes between tenants and landlords are common, but the good news is that knowing your rights and responsibilities can help you avoid unnecessary headaches.

Legal

A Landlord’s Guide to Eviction: Rights, Processes, and Best Practices

13 Feb 2025

Buying an investment property can be a rewarding venture, especially when located in a desirable area. However, being a landlord comes with challenges, particularly when dealing with problematic tenants. Whether it’s unpaid rent or repeated violations of property rules, eviction may become necessary. However, eviction is a legal process, and landlords must adhere to strict guidelines to avoid complications.

Legal

Joint homeownership - what you need to know

04 Feb 2025

The rising cost of living and limited access to affordable housing has left many South Africans searching for alternative ways to enter the property market. One increasingly popular solution is joint home ownership, where multiple individuals co-own a property and share financial responsibilities.