INDUSTRY OVERVIEW
purpose for wanting such information, and his
application was dismissed.
BUILDING PENALTIES AND LATE
PAYMENT OF LEVIES
This matter, between Cilantro Homeowners
Association and a member, dealt with the fact
that the HOA was imposing its rules relating to
the fact that the member had failed to begin
and complete the building of his home on time,
as well as the late payment of ordinary levies by
the member. The member claimed that requests
by the HOA to pay the late-building penalties
were not valid. These claims, essentially, were
around the fact that the HOA had not met its
obligations procedurally and included the issue
of whether the HOA had suffered any damages
as a result of the late building by the member.
Furthermore, the member also claimed several
irregularities within the HOA – for example
that the rules and regulations had not been
registered, and that the incorrect number of
directors was serving on the board, according
to its governing documents.
The judgment in this matter went in favour of the
homeowners association, where the judgment
had included the fact that the decision to in previous meetings, a member had held up to any clauses that contradict those that are
impose building penalties was valid, and the 150 proxies, and so in essence controlled the contained in the Companies Act.
fact that the member, at the time of signing off outcomes of that specific meeting.
The judgment in this matter went in favour of
and approving the rules and regulations, was
serving as a director of the HOA.
LIMITING THE NUMBER OF
PROXIES A MEMBER MAY HOLD
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
the member.
RULES PERTAINING TO THE
CHOICE OF THE PAINT COLOUR OF
This matter, between Silver Lakes Homeowners consulted the Companies Act, wherein it is A PROPERTY
Association and a member, involved the HOA’s stated that a member has the right to give a In this matter, between Bush Willow Park HOA
attempt to limit the number of proxies that proxy to another member, and they felt that and a member, the member claimed that it
a member may hold in any special or annual the interpretation thereof implies that an HOA was his right to paint the exterior of his home
general meeting to five. The HOA argued that, cannot include in the governing documents 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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INDUSTRY JOURNAL