Scenario: You have recently purchased a house in a security complex, whether it be your new home or holiday destination. It promises to be safe for the family and even has speeding cameras to ensure the private streets of the estate are protected against those with a need for speed.
After one slow morning you are running late for an appointment and rush out of the estate.
Later in the day you have friends over who hurry into the estate towards your house at the excitement of the Blue Bulls game that evening. Soon after, you receive speeding fines in your postbox for your’s and your visitors’ speeding.
After challenging this with the Home Owners Association (HOA) and bringing it up at the annual meetings you are reminded “you agreed to the rules when you bought here and it is within the interest of safety”.
This scenario raises a couple of questions, namely:
- Can security estates fine you?
- What may they do if there is non-compliance with these penalties?
This issue is a point of tension in all complexes and estates. On the one hand, it may help to ensure that all residents follow the rules while allowing for the safety of pedestrians, children and pets. However, some are of the opinion that it allows for the HOA to abuse their authority to increase revenue and that these rules detract from your enjoyment of your property.
There have been numerous debates about this within the courts of South Africa, but these were eventually settled in the Supreme Court of Appeal judgment that was heard in March this year.
It was decided that if the general public has unlimited access to the roads, it renders them public roads. On public roads the issuance of speeding tickets may only be carried out by an authorised traffic officer in terms of the National Road Traffic Act or the HOA will need to have permission from the relevant member of executive council to put up their own road signs and authorisation to issue traffic fines.
A private road is that where public access is restricted and can only be authorised by inhabitants of the complex. Therefore, all “Fast and Furious” behaviour on these roads can be regulated by the HOA and speeding fines may be issued because of the contractual relationship that the owner is bound by when buying in the estate.
The owner is also liable to pay for his/her visitors’ speeding fines because he/she gave them consent to enter the private area.
However, there are restrictions, which include the following:
• If you do not pay your fines, the HOA may not take away your rights to freely enter your property by denying you access to it.
• If the rules or speed limits are being enacted, they may not be unreasonable or exceed those of state legislation.
• If you were not presented with a copy of these rules when purchasing the property, your fines may be scrapped.
• Lastly, a change or implementation to any rules within the estate normally requires a vote with a minimum of 75 per cent of the homeowners within the estate concurring. Therefore, at least 75 per cent of the inhabitants of the estate must vote for this change.
Article contributed by Tuckers. Should you require any further information on this topic contact their offices on 011 897 1900 or info@tuckers.co.za
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