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Home Owners Association Rules Challenged

 
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Singh and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC)


On appeal from the High Court, Kwazulu-Natal Division, Durban the facts in the matter were the follows:


During October 2013 Mr Singh’s daughter was issued with three speeding fines by officials of the association for speeding on the roads in the estate and the fines were levied against Mr Singh’s account as the owner and representative family member.


When Mr Singh’s fines remain unpaid the family’s access along the roads to their home was suspended effectively barring the Singh’s from passing through the association’s boom control located at the entry to the estate.


This matter was escalated to the High Court, Kwazulu-Natal Division, Durban and the following three issues were raised, the first related to the enforcement of the traffic rules by the association the second related to the association’s refusal to allow contractor’s that Mr. Singh has employed access to the estate, and the third related to restriction imposed by the estate on domestic workers.
The specific conduct rules challenged by Mr Singh were;


1. The road rules which permit the association to police the roads in the respect of speed and speeding fines. Mr Singh contended that the association was carrying out functions of traffic officers as defined in the National Road Traffic Act 93 of 1996

2. the contract rules which restricts rights of the owner to choose a contractor or service provider

 

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