Sectional title corner – Do common law HOAs have to register with CSOS?
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
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.
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Who is Karien Coetzee?
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.