12/07/2026
We found an example of a voluntary HOA which masqueraded as a mandatory HOA...
2. ..... The attorneys representing the Association subsequently withdrew. ....
141. It is declared that the First Respondent (the Summerville Homeowner’s Association) is a voluntary association and that it was not a condition in terms of the Land Use and Planning Ordinance 15 of 1985 that a homeowner’s association be formed when the rezoning and subdivision of portions 1to 4 of Farm 439 and remainder farm 439, Hagley, were approved.
149. The court declines to declare that the Summerville Homeowners’ Association has been unlawfully and wrongfully constituted and/or established and to be deemed to have never existed from inception on the basis that the property development was neither established in terms of the Land Use Planning Ordinance of 1985 nor in terms of the Sectional Title and/or the common laws of the Republic of South Africa.
REPORTABLE
