Estate Living Magazine Invest SA - Issue 45 September 2019 | Page 50

c o m m u n i r t y
The judgment in this matter went in favour of the homeowners
association, where the judgment had included the fact that the
decision to impose building penalties was valid, and the fact that
the member, at the time of signing off and approving the rules and
regulations, was serving as a director of the HOA.
Limiting the number of proxies a member may hold
This matter, between Silver Lakes Homeowners Association and
a member, involved the HOA’s attempt to limit the number of
proxies that a member may hold in any special or annual general
meeting to five. The HOA argued that, in previous meetings, a
member had held up to 150 proxies, and so in essence controlled
the outcomes of that specific meeting.
The member argued that it is the right of any member to request
another member to hold proxy, and that the numbers cannot be
restricted in any form. The judges in this matter consulted the
Companies Act, wherein it is stated that a member has the right to give
a proxy to another member, and they felt that the interpretation thereof
implies that an HOA cannot include in the governing documents any
clauses that contradict those that are contained in the Companies Act.
The judgment in this matter went in favour of the member.
Rules pertaining to the choice of the paint colour of a
property
In this matter, between Bush Willow Park HOA and a member, the
member claimed that it was his right to paint the exterior of his home
l i v i n g
any colour he chooses, and the rules were not specific in this regard.
The rules did, however, stipulate that any exterior finishes and paint
colours had to be submitted to the HOA prior to the commencement
of painting. The member argued that it was only after the fact that
the HOA amended its rules to become more specific in relation to
the rights of the member to paint the exterior of his home in specific
colours.
The HOA argued that, while the previous rule was not specific in this
regard, it was implied that all finishes and paint colours require the
approval of the HOA before commencement.
The judgment went in favour of the HOA, and the member was
instructed to repaint the exterior of his home.
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