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Is a Homeowners Association Constitution Regarded as a Contract in Zimbabwe?

Yes. A Homeowners Association (HOA) is regarded as a contract in Zimbabwe. It is a contract concluded between all the owners (including residents) and the HOA. The rights and obligations of the individual owners (residents) through sectional title are generally governed by the notarial deed (which contains the Constitution), the articles of association of the property-owing company and any customized agreements of occupation of individual units / sections. see Kangausaru Investments (Pvt) Ltd v Bowl & Others SC 31-26.

Resultantly, by contract residents and the Trustees of a HOA can agree on a variety of matters including restrictions. The restrictions imposed by an HOA are regarded as private and voluntary, as one voluntarily agrees to the terms when electing to purchase a property governed by a HOA. For instance, an HOA Constitution can restrict residents from having pets. The HOA Constitution may also contain special provisions including but not limited to the type of pets and size of pets which can be kept within any apartments, block of flats or gated-community in Zimbabwe, which rules, must be obeyed. see Abraham v The Mount Edgecombe Country Club Estate Management Association (RF) NPC [2014] JOL 32322 (KZD).