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

[LazyLion]

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.

If the road has always been through the complex, then it has become a de facto servitude.

Read up on the law regarding servitude and you will come to the conclusion that where a servitude has been granted in the past by obvious tacit consent, there can be no action to impinge upon, restrict or regulate such servitude. They don't have a leg to stand on.

 

[Jakes147]

If the road has always been through the complex, then it has become a de facto servitude.

Read up on the law regarding servitude and you will come to the conclusion that where a servitude has been granted in the past by obvious tacit consent, there can be no action to impinge upon, restrict or regulate such servitude. They don't have a leg to stand on.

do you know if there is a time period before a the de facto servitude can be considered. I know prescription takes 30 years.

 

[LazyLion]

do you know if there is a time period before a the de facto servitude can be considered. I know prescription takes 30 years.

Not sure, you can read more here....
http://en.wikipedia.org/wiki/South_African_property_law#Servitudes

The point here is that the original owner fully intended to set up the servitude from the start, and to allow for the continued existence of such.
In other words, it is a praedial servitude and the right of servitude also devolves down onto successive owners.

See also THIS case....
http://www.property24.com/articles/court-on-property-servitude-rights/15261

http://www.web-homes.co.za/property...2/what-is-a-servitude-and-when-does-it-apply/
http://www.greyvensteins.co.za/tread-the-servitude-minefield-carefully/

 

[noxibox]

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.

There's no question they're trying to intimidate you.

 

[FNfal]

You will have to look on your title deeds and the complex title deeds to see what it says about access .
Normally town planning will not allow subdivision with out access being mentioned in the title deeds of the complex.
But who knows may be some one made a mistake.

 

[FNfal]

You will have to look on your title deeds and the complex title deeds to see what it says about access .
Normally town planning will not allow subdivision with out access being mentioned in the title deeds of the complex.
But who knows may be some one made a mistake.