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