Question:
We have been residing in a rented house for about nine months now. The property is in a secure complex and is supposedly freehold, but there is a homeowner’s association that runs the complex like a sectional title one.

We have had run-ins with the chairperson of the homeowner’s association with regards to us supposedly breaking the rules (driving faster than 20kph, parking in common property, etc.) of the complex.

We have spoken to the owner directly as we feel we are being somewhat harassed. Can associations make up rules and enforce them onto tenants even if the property is freehold?

Answer:
Yes, they can. When an owner buys a property in a secure complex they are given a set of rules that are put together by a body corporate.

Even though the properties are freehold the residents share the costs for the common areas and security. Homeowners sign a document stating that they will adhere to the rules set down by the body corporate. The owner is then bound to those rules and can be fined if they are broken.

If they feel that they are onerous they can dispute them. The body corporate will then convene to see if the dispute is valid and they may make allowances. If not, the new buyer has two options — accept the rules or find another property.

The owner of a property in a secure complex also agrees at the time of buying that in the event of them renting out the property the tenants will be made aware of the rules.

I concede that body corporates are sometimes somewhat militaristic. However, if you live in the complex you have to adhere to the rules. Rules like speed limits are important because children often ride their bikes and play in the streets. The best way to get them off your case is to play by the rules, which for the most part are reasonable.

If you feel you are being harassed put your grievance in writing and submit it to the committee. Also contact the owner of the property as they will have more leverage.