
CONVEYANCING (PROPERTY TRANSFER)
Many Home Owners’ Associations (HOA) in Zimbabwe have specific rules or provisions in their constitutions relating to levies. All owners who purchase property in a HOA in Zimbabwe are automatically bound by the Associations constitution and rules until ownership ceases.
A HOA is not an owner of property. It merely manages the common property on behalf of all the common owners in terms of the HOA Constitution. The imposition of levies by a HOA is therefore on behalf of the common owners. Thus, Trustees of a HOA may from time to time impose levies on members (including residents) for the purpose of meeting all the expenses in relation to the common facilities and services and for the payment of all expenses necessary or reasonably incurred in connection with the management of the HOA including but not limited to roads, water, electricity, sanitation, telecommunications networks and security services and its affairs and for the purpose of attaining its objects as set out in the HOA Constitution. see Willow Waters Homeowners Association (Pty) Ltd v Koka N.O. & Others [2015] 1 All SA 562 (SCA).
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