Estate Living Magazine Design for living - Issue 42 June 2019 | Page 50

C O M M U N I T Y L I V I N G RULES ARE RULES… OR ARE THEY? How important are estate rules, and can they really be enforced? This question is at the heart of a recent legal wrangle between Mount Edgecombe Country Club Estate Management Association II and a resident. 40 km/h ZONE As HOAs, we regularly draw up regulations pertaining to many aspects of living on an estate – from what colour you can paint your garage door to how late you can play music, and at what volume. Of course regulations, by their very nature, are restrictive. So, while most residents are willing to abide by them, some individuals may feel that the restrictions placed on them by these regulations are excessive, unnecessary or arbitrary, so they choose not to comply. This causes conflict, which can become toxic, and may even end up in long, expensive legal proceedings. This is what happened at Mount Edgecombe. Speed limits The speed limit on all roads within Mount Edgecombe is 40km/h. This is – according to the estate rules – to protect, among others, children and both wild and domestic animals. In October 2013, the daughter of a resident was clocked driving in excess of 60km/h three times, and fined R1,500 for each transgression. One of the charges was withdrawn by the HOA but they debited the resident's levy account with R3,000 for the other two. He refused to pay. In consequence, the HOA threatened to suspend his automatic access privileges so, in order to access the estate, he would be required to