CONVEYANCING (PROPERTY TRANSFER)

Can a Homeowners Association in Zimbabwe Impose Levies?

Yes. A Homeowners Association (HOA) in Zimbabwe can impose levies. In fact, an HOA may from time to time impose levies on members for the purpose of meeting all the expenses in relation to the facilities and services, and for payment of all expenses necessary or reasonably incurred in connection with the management of the HOA and its affairs.

Furthermore, a HOA in Zimbabwe can impose levies for the purposes of attaining the objects set out in the HOA Constitution. A HOA has an obligation to maintain and keep in good state of repair all property identified as common property. From a legal point of view, section 27(1)(v) of the Deeds Registries Act [Chapter 20:05] provides that an HOA is responsible for the administration and maintenance of the land and building thereon and the liability for rates, expenses and charges relating thereto.

Where an owner of a section or unit in an estate administered by a HOA Constitution fails in the obligation to pay levies, the HOA is empowered to take action to recover such amounts, including interest and costs. see Zikalala v Body Corporate of Selma Court & Another 2022 (2) SA 305 (KNP).

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