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Sectional title corner – Do common law HOAs have to register with CSOS?

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Q

We are in a complex of three houses which is run by a common law homeowners association (HOA). My question is do we have to register our HOA with the CSOS if we are not registered [as a non-profit company] and therefore do not have a registration number? – Tony

A

Hi Tony, you get two types of HOAs: a non-profit company or a voluntary association/common law association. Only an HOA that is registered as a company will have a registration number that they get from CIPC and they are governed by their memorandum of incorporation (MOI) and the Companies Act.

The voluntary/common law HOA does not have a registration number and has a Constitution that governs it.

All HOAs fall under the definition of a community scheme and must register with CSOS. A common law HOA is not a new thing and they are not unique – we manage many of them.

They must just register with CSOS stating that they are a common law HOA and attach their Constitution.


Got a burning question? Email david@hometimes.co.za and we’ll be sure to assist you


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Who is Karien Coetzee?

Karien Coetzee, national property management consultant at Trafalgar.

Karien Coetzee, national property management consultant at Trafalgar.

Karien Coetzee is the national property management consultant at property management company, Trafalgar. She holds qualifications in sectional title schemes management and homeowners association management.

david.steynberg@gmail.com

David A Steynberg, managing editor and director of HomeTimes, has more than 10 years of experience as both a journalist and editor, having headed up Business Day’s HomeFront supplement, SAPOA’s range of four printed titles, digimags Asset in Africa and the South African Planning Institute’s official title, Planning Africa, as well as B2B titles, Building Africa and Water, Sewage & Effluent magazines. He began his career at Farmer’s Weekly magazine before moving on to People Magazine where he was awarded two Excellence Awards for Best Real Life feature as well as Writer of the Year runner-up. He is also a past fellow of the International Women’s Media Foundation.

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