Membership of a Homeowners Associations (HOA) in Zimbabwe

The ownership of a section or unit of an immovable property through Section Title in Zimbabwe is an arrangement governed by section 27 of the Deeds Registry Act [Chapter 20:05] (“the Act”).

In terms of the Act, the owner of a piece of land who wishes to transfer to one or more persons undivided shares in the property, coupled with exclusive rights of occupation, registers a notarial deed against the title deed of that land, specifying, among other administrative requirements, the number of shares created and the distinct identity numbers of each share corresponding to the individual units created.

Sectional title confers real rights in such individual units. Ownership of a section or unit automatically conveys membership interest in a Homeowners Association (HOA) in Zimbabwe which is responsible for paying levies to cover the costs of maintaining the common areas and providing necessary services.

Generally, the membership clause of an HOA in Zimbabwe sets out the conditions of membership as follows:

1. One has to be a registered owner of an undivided share in the land;
2. Prior to such registration of title to an undivided share in the land, a member has to complete a prescribed form of application and has paid certain levies as may be determined by the committee.

Usually, once these formalities are complied with, membership to the HOA is automatically conferred to the owner. It needs to be pointed out that notwithstanding the provisions of a clause, membership of an HOA in Zimbabwe is compulsory for and limited to registered owners of an undivided share in the land.

Membership of an HOA in Zimbabwe commences on the registration of transfer of the stand or land into the name of the owner. Where a stand or land is owned by more than one person, all the owners thereof are together deemed to be one member of the HOA and have the rights and obligations of one member of the HOA.

Where a corporate body is a member, it is entitled to nominate a natural person to act on its behalf. Resultantly, one does not need to complete a membership form to be a member of a HOA in Zimbabwe. Thus, membership in an HOA in Zimbabwe commences on registration of the land / stand.

The High Court in Rosedeane Gardens Owners’ Association v Ndenda HH 29-03 at page 2 held that:

“Respondent’s membership had not been put in issue until this application was filed. He did not raise it in those meetings he attended. He paid all the levies and did as demanded by the applicant.

In short he has conducted himself as a member. The absence of a formal application, in my mind, does not prevent an interpretation of his conduct as being consistent with membership. It is the only conclusion one can come to. It accords with common sense.

I am satisfied that in spite of his non-application of membership formally, be conduct, all the parties acted as if he was such. He is therefore bound by the Constitution of the applicant.”