Question posted in the Consumer Protection Law category relating to Western Cape
I live in a security complex with a home owners association. They are still busy building inside the complex.
Earlier this year I noticed that a drain located on my driveway was improperly installed and the one side of the drain opening has started to crack.
I raised the concern with the HOA that if that part does finally break it would cause damage to my vehicle. They asked the developers to fix it but the developers refusef and said they will only fix it once the entire complex was completed.
I raised my concerns that it was not good enough and they need to resolve it as soon as possible, the HOA then proceeded to hire another company to come and fix the drain. This was done by simply forcing 2 pieces of steel piping into the hole preventing it to sag any further.
I raised my concern with this fix for not only looking awful but also it posing a risk of damaging my car as parts of the pipe was protruding from the drain hole. This fell on deaf ears.
A month later it did damage my car's tyre, causing me to have to replace both my rear tyres. The quote for this came out to R13500. I request the HOA to pay for the damages as I did warn them about this.
Over the past 5 months I have been sent back and forth, first I was told to claim it from my insurance, which they refused. Then they wanted me to claim from their insurance, which was also denied. Then they wanted me to claim it from the developers, which is where we are now with me not getting any feedback from either parties and it kind of feels they are ignoring me at this point.
2 months back I warned the HOA that if there is no resolution I would stop paying my levies to recover the damages, so I stopped paying as no one responded. Now they are trying to get debt collectors to retrieve the outstanding levies, which equite to R3000.
Is there any legal foot I can stand on?