What is a homeowner's association?

Author
Kruger Attorneys & Conveyancers Inc
Kruger Attorneys & Conveyancers Inc is a specialised conveyancing practice, providing incomparable property law services through practical wisdom and trusted advice.

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
Sectional Title trustees cannot award themselves contracts
22 Sep 2022
Any owner in a Sectional Title scheme who is in good standing can become a trustee, and they can even nominate and vote for themselves should they wish.
read more
Legal
Understanding conditional clause when buying (or selling) a property
14 Sep 2022
As if property transactions weren’t already convoluted enough with reams of documentation and legalese to navigate, there are also often suspensive conditions included in the Offer to Purchase that needs to be met by one or both parties, and these need to be gone over with a fine tooth comb.
read more
Legal
How to safely cancel a residential lease agreement
05 Sep 2022
It is not always possible to see out the full term of your lease agreement and there may come a time when you need to cancel it for whatever reason. Not following the correct procedure can be costly though, says Tiaan Pretorius, manager for Seeff Centurion.
read more
Legal
A New bill will put government in charge of the deeds office
30 Aug 2022
The Deed Registries Amendment Bill seeks to put the minister of agriculture and land reform in direct charge of technical decisions around the Deeds Office.
read more
Real Estate Tools
icons_2
Property Law
Contact our partner attorneys with your conveyancing and property law questions
Get pre-qualified
Make offers with confidence knowing what you can afford. Then shop for the best home loan
Bond Calculator
Calculate the estimated repayments on a home loan and savings with extra payments