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“Some will even say that imposing a fine is an infringement of their rights as owners to enjoy the use of their properties as they please,” says Andrew Schaefer, MD of national property management company Trafalgar.
“And the recent judgment of the Appeal Court that gated estates need the permission of the Minister of Transport or a regional transport MEC to erect traffic signs or set speed limits on their internal roads has unfortunately only served to increase the confusion.”
This judgment also made it clear that HOAs may not impose any speeding fines, even if these are written into their conduct rules, because the enforcement of speed restrictions may only be carried out by a traffic officer authorised to do so in terms of the National Road Traffic Act, he notes.
“So the question is now arising again as to whether estates or sectional title complexes are ever actually allowed to fine residents for infringements of their rules, and if so, in what circumstances and under what conditions?”
Trafalgar’s guidelines, as managing agents for a large number of CHSs, are the following:
Schaefer says that schemes which stick to these guidelines seldom have problems, but that if they do encounter resistance to the payment of any fines, they should not react by limiting access to the property or cutting off services to the resident’s home.
“They should rather declare a dispute and seek mediation or adjudication through the CSOS.”