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Dispute Resolution in Homeowners Association Constitutions in Zimbabwe

Dispute resolution is now favoured by many individuals and corporate bodies in Zimbabwe including Homeowners Associations. The whole object of an arbitration clause in a Homeowners Association (HOA) Constitution in Zimbabwe is to facilitate the cost-effective and relatively informal resolution of disputes between the HOA and an owner of a stand-alone section or unit of an immovable property clustered without a secure and managed gated community or between owners.

There is no legislative enactment in Zimbabwe which provides that HOA disputes should be referred to arbitration. The referral of disputes to arbitration is contractual and can be found in the HOA Constitution. see Body Corporate of Greenacres v Greenacres Unit 17 CC & Another [2008] 1 All SA 421 (SCA).

Thus, any applicable rules to determine HOA disputes will be governed by the HOA Constitution. In the absence of any applicable rules, the Arbitration Act [Chapter 7:15] which adopted the UNCITRAL Model Law on International Commercial Arbitration in Zimbabwe will be applicable. see Davison Kanokanga & Prince Kanokanga, UNCITRAL Model Law on International Commercial Arbitration: A Commentary on the Zimbabwean Arbitration Act [Chapter 7:15] (Juta & Co, Cape Town, 2022).