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

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