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What rights do owners have in an HOA NPC?

29 October 2014 by YourProperty

Hello Landlord,

The three of us are wondering if you might possibly be able to provide some advice. A discussion of what rights owners have in an HOA NPC, and how the owners can try to control the runaway powers of the directors, would help.

We live in a walled estate where only people over 60 may buy. But we are not a retirement village – we have no frail care and no clinic. We have a “town hall”.

We are in what is called a gated community with huge levies payable every month. It is a company and it is run as a non-profit homeowners’ association.

There are many of us who live in non-profit HOA companies. Each company must now prepare a new memorandum of incorporation.

It is shocking to see what privileges and financial rightS some directors have written into the MOI of the non-profit HOA company; and are coercing the owners to agree to them.

Many of us purchased in non-profit HOA companies without realising that the strict South African laws which govern sectional title do not apply to non-profit HOA companies.

Most people believe that the sectional title laws apply in an HOA. No one tells anyone different.

We’d appreciate your input,
Troubled Trio

Read what The Landlord has to say.

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Filed Under: English Tagged With: English, HOA, Questions, The Landlord

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