This is a follow on question to one I had originally submitted and answered by Patrick. We have now …

This is a follow on question to one I had originally submitted and answered by Patrick. We have now just receive the following email from the HOA’s solicitor

We act for the Home Owners Association.In short we advised our client that arising from the fact that it was established in terms of Section 29 of the Land Use Planning Ordinance (Cape No. 50 of 1985), membership thereof by your clients arose automatically and that accordingly your clients are members thereof and are bound by its constitution and by its rules regardless of the fact that in their title deed there is no reference to the Association. In respect of the title deed issue we have advised our client that it is entitled to apply to the Registrar of Deed to insert the erroneously omitted clause relating to clients’ membership of the Association.In the circumstances of this matter our instructions are to advise your clients that in respect of any letting of their property they are required to comply with the provisions of sub-sections 10.14.5.2 and 10.14.5.3 of the constitution of the Association, a copy of which appears to be in possession of your clients.”

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