Can someone be forced to join a Home owners Association after the fact

[Jakes147]

Back story:

I recently bought a new property which is a freehold property(1of6) that just happens to be next to a cluster complex(26 units). The piece of land was originally an agricultural holding which was subdived 20 years ago. The original land owner sold of 3/4s of the property and the complex was developed. The land owner kept the one corner of the property where his house was situated. Six years ago he further subdived his portion into six New sections. These were sold off to different owners and privately developed. The 6 properties were not legally part of the HOA and was never intended to be.

The problem:

When the portion of land was subdived access to the nearest public road was denied by the municipality. Access was through the next door complex as it always was for the original owner. The problem now is that a servitude was never registered and the HOA is now trying to force us to join the HOA, pay levies and abide by their rules. Oh and we have to pay for this privilege to join their HOA +-R12000 each.

The six owners do not want to be part of the complex because its not very well run and the levies are expensive. We would like to manage ourselves and only pay for a portion of their levy as a good faith towards their security cost.

How would you deal with this?

 

[Ancalagon]

Is there no way you can get your own access to the road?

Can you send us GPS coordinates so we can look?

EDIT: They cant force you to join the HOA, but they also dont have to just allow you to use their roads to access the municipal roads. Maybe you can reach a compromise?

 

[Jakes147]

I've got no access to a public road except through the complex. 3 of the units are next to a main road but a new access road was denied by the municipality.

The HOA has taken an all or nothing stand and im not willing to pay R1450 a month for 50m of road access. So they will have to be happy with nothing.

Legally they cant refuse access because of spoliation

 

[Jakes147]

Who thinks I can invoke Chapter 2 section 18 of the constitution "Freedom of association" on this one?

 

[ToxicBunny]

Is the access road that you currently use, through the complex, or next to it (as it would have been for the previous owner)?

 

[Jakes147]

it is through the complex as it has always been. the cul de sac in our section ties up with the internal road of the complex.

 

[ToxicBunny]

Well I doubt they can force you to join the HOA, but they can and very definitely will make your lives difficult.

I would retry with the municipality in terms of an access road tbh, and keep trying.

 

[TheMightyQuinn]

OK so let me get this straight: You will never be able to leave your complex if you do not pay the complex next to you some sort of fee? That is illegal and inconstitutional.

Why not simply drive in and out through "their" complex? What prevents you from doing that?

 

[noxibox]

Very likely they're in financial difficulties and hoping to extort money from the freehold owners to help prop themselves up. You're going to have to approach the municipality and consult a lawyer.

 

[ToxicBunny]

Yeah, I am guessing they're in financial difficulties as well, and the R12k + R1450 per month from 6 owners would be a big help..

Should you be forced down this road, I would demand to see the HOA books... I can guarantee you that they're not healthy.

 

[noxibox]

OK so let me get this straight: You will never be able to leave your complex if you do not pay the complex next to you some sort of fee? That is illegal and inconstitutional.

Why not simply drive in and out through "their" complex? What prevents you from doing that?

They can lock it down and might try it even if in this case it is illegal. The place where I owned they wouldn't allow anyone in without an access disc or first calling whomever they claimed they were visiting.

 

[TheMightyQuinn]

They can lock it down and might try it even if in this case it is illegal. The place where I owned they wouldn't allow anyone in without an access disc or first calling whomever they claimed they were visiting.

In that case I am sure that the municipality will have to create an access road as I am sure it is unconstitutional to prevent access to a public road. Although "planning" and "funding" will probably take 2 years. If this was a township a 3 laned tarred road with street lights and a taxi rank would have been built immediately...

 

[ToxicBunny]

Would help us enormously if you allowed us to stalk you and you gave us a location for where this place is ..

But I'm sure if the HOA try and stop you they'll get into kark, or the municipality will have to allow you to create a new access road.

 

[Nanfeishen]

The six owners do not want to be part of the complex because its not very well run and the levies are expensive. We would like to manage ourselves and only pay for a portion of their levy as a good faith towards their security cost.

How would you deal with this?

You may not be denied access to public road.
If entrance is through another security complex the six owners should simply put your own seperate security panel/access point at the gate to the first complex.
They cannot deny you the right to access your property at your own convenience.
Beyond that the only time they can cause any issues is regards to maintenace of the driveway/slip road you six owners use through their complex.

 

[Jakes147]

They have sent me a levy statement for R52 695.84 that includes the outstanding fees for the previous owner. The previous owner also told them where to get off.

 

[Budza]

They have sent me a levy statement for R52 695.84 that includes the outstanding fees for the previous owner. The previous owner also told them where to get off.

I hope your 5 neighbours are firmly resolved to resist this...

 

[DJ...]

Find out who the town planner for your area is and arrange a meeting, as the complex cannot deny you both access to your property and public roads. If the other complex are the ones blocking you then they are committing a crime to the best of my knowledge. This is the sort of thing that the town planner for your area should never have allowed to happen...

 

[greenbean32]

They have sent me a levy statement for R52 695.84 that includes the outstanding fees for the previous owner. The previous owner also told them where to get off.

Was in a similar predicament, you should not pay any amount in or they could hold you liable.
First resolve the whole issue.
They gave me a reasonable amount afterwards, and I thought that I don't want it to accrue more charges.So I paid the amount. Biggest mistake, because I could not dispute after that.
Best of luck, that was one of the reasons why I sold my property.

 

[Jakes147]

Find out who the town planner for your area is and arrange a meeting, as the complex cannot deny you both access to your property and public roads. If the other complex are the ones blocking you then they are committing a crime to the best of my knowledge. This is the sort of thing that the town planner for your area should never have allowed to happen...

Had a look on Google maps and all 3 houses on the road side are in the way of any access road. You might be able to squeeze past the one guys house if you took out his pool. So any new road is out of the question, hopefully.

 

[DJ...]

Had a look on Google maps and all 3 houses on the road side are in the way of any access road. You might be able to squeeze past the one guys house if you took out his pool. So any new road is out of the question, hopefully.

Then the complex surely cannot force you into a situation where you have to pay for the privilege of getting to and from your property. IANAL but I'd expect it to infringe on your freedom of movement...