Asked by linda.henning on 09-05-2014 14:44:05
Question posted in the Property Law category relating to Western Cape
Question value: R 240.00
Question posted in the Property Law category relating to Western Cape
Question value: R 240.00
Good Afternoon,
I want to know about the rights of a home owner in a full title scheme with ten units. I have cats and they do not want cats in the complex. I purchased the property knowing that it was pet friendly. The goal posts were moved and the HOA then amended their constitution to exclude cats because they could not be controlled. What are my rights?
I want to know about the rights of a home owner in a full title scheme with ten units. I have cats and they do not want cats in the complex. I purchased the property knowing that it was pet friendly. The goal posts were moved and the HOA then amended their constitution to exclude cats because they could not be controlled. What are my rights?
Further information relating to Question:
I live in the Western Cape. They have told me to get rid of my cats or they will do it for me!
Information Requested by Lawyer
Posted by Att. Patrick on 09-05-2014 15:12:19
Hi there and thank you for your question,
I assume that when you first purchased your unit, and when you moved in, the HOA's constitution and/or rules allowed you to have cats in the premises?
So, did the HOA amend its constitution recently? Did you vote at the HOA meeting, and also was the constitution amended properly - i.e. was there sufficient votes in order to pass the resolution?
Att. Patrick
I assume that when you first purchased your unit, and when you moved in, the HOA's constitution and/or rules allowed you to have cats in the premises?
So, did the HOA amend its constitution recently? Did you vote at the HOA meeting, and also was the constitution amended properly - i.e. was there sufficient votes in order to pass the resolution?
Att. Patrick
Information provided by client
Good afternoon,
When I first purchased my unit in November 2012 I was advised that "pets" were allowed and then when registration and the first AGM happened, days apart, I was sent the amendments to the HOA Constitution which said no cats allowed. I wrote to the Committee immediately and requested permission for cats. They said only one was given permission. However, I have had a lot of support since the meeting from the other residents who have said that they will standby me if I take a stand. The AGM I attended on 8 May 2014 was an absolute disaster in that I was attacked verbally and everyone (6 units) were aghast and the meeting went pear shaped from that moment, nothing was discussed on the agenda, levy increments and other matters. everyone was too happy to leave the meeting. We appear to have two very autocratic (units) who run the show - according to the other residents - their way or no way. I will find out the dates on which the amendments were proposed regarding cats and if there were sufficient votes in order to pass the resolution. This is going to take a few days and will revert as I have the information. I have been advised by the other supporters that I should just lie low and not do anything at this time. I am considering moving into rented property with the cats during the week and living at the home at weekends when I have control over the cats, although they sleep most of the day as they are not young kitties. They are 15, 14 and about 9 years old. Linda
When I first purchased my unit in November 2012 I was advised that "pets" were allowed and then when registration and the first AGM happened, days apart, I was sent the amendments to the HOA Constitution which said no cats allowed. I wrote to the Committee immediately and requested permission for cats. They said only one was given permission. However, I have had a lot of support since the meeting from the other residents who have said that they will standby me if I take a stand. The AGM I attended on 8 May 2014 was an absolute disaster in that I was attacked verbally and everyone (6 units) were aghast and the meeting went pear shaped from that moment, nothing was discussed on the agenda, levy increments and other matters. everyone was too happy to leave the meeting. We appear to have two very autocratic (units) who run the show - according to the other residents - their way or no way. I will find out the dates on which the amendments were proposed regarding cats and if there were sufficient votes in order to pass the resolution. This is going to take a few days and will revert as I have the information. I have been advised by the other supporters that I should just lie low and not do anything at this time. I am considering moving into rented property with the cats during the week and living at the home at weekends when I have control over the cats, although they sleep most of the day as they are not young kitties. They are 15, 14 and about 9 years old. Linda
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