HOA and property transfer

[Tongs of Destiny]

Old article, does anyone know of a logical answer to this scenario?

We purchased our property in 2007 and a Consent to transfer was issued by the HOA. Can they withhold Consent and insist that we rectify all the discrepancies 13 years later, which includes new verandahs, guard rails, court yard to be built, water tank to be installed?

 

[B-1]

They would probably just fob off anything related to previous approvals.
Its not quite clear to me are there features on the plan not completed or the other way round?

 

[Tongs of Destiny]

They would probably just fob off anything related to previous approvals.
Its not quite clear to me are there features on the plan not completed or the other way round?

I would guess an addition to the property like a little extension was not done with the proper approval, both from the HOA and from the municipality, you know like most SA houses. But the crux is the property was sold to them as indicated, and to who knows how many people before hand.

 

[B-1]

I would guess an addition to the property like a little extension was not done with the proper approval, both from the HOA and from the municipality, you know like most SA houses. But the crux is the property was sold to them as indicated, and to who knows how many people before hand.

The short answer is that the transfer won't happen if you don't have HOA approval. So they would need to come to some sort of understanding where the approval is given. Either by getting the plans redrawn/approved or removing the structures.

As to how it was approved prior we live in a country where rules get bent all the time. They could possibly go the legal route and try recover the money from the previous owner but that is also probably a long shot.

 

[Sideshow Bob]

Old article, does anyone know of a logical answer to this scenario?

We purchased our property in 2007 and a Consent to transfer was issued by the HOA. The property also had a Municipal occupation certificate. Now that we are selling the property, the HOA will not give consent to transfer as the plans do not correspond with the building. Everything is still as we purchased the property. We did not make any alterations to the building and were not even aware that the plans do not correspond. Can they withhold Consent and insist that we rectify all the discrepancies 13 years later, which includes new verandahs, guard rails, court yard to be built, water tank to be installed? Alternatively, they ask for “as built” plans, but I don’t know if they will actually approve same. Transfer is ready to be lodged and this is holding everything up. Many thanks.

I am part of HOA directors in a Johannesburg townhouse. Remember HOA directors do change over time and people who gave consent in 2007 may not be on board today. Lots of dodgy things get approved in the past and that means nothing in today's context.

If plans don't correspond to building, that is actually a valid reason really if it is true. Getting plans from council and amending is not really expensive, especially if you have to sell it. It is way cheaper than a standard agent's commission.