Rules of the Road…in Gated Communities

IMPORTANT JUDGEMENT RELATING TO RULES IN ESTATES

On Friday 17th November a full bench of the High Court KZN ruled on the legality of rules imposed by the HOA at Mount Edgecombe. The rules which were questioned were those relating to roads and domestic employees.

The court found that:

  1. Roads in estates are public roads;
  2. Since the roads are public roads the HOA does not have the authority to impose regulations or fines. They need to obtain permission from the Minister of Transport or the Municipality in some instances.
  3. This means that the questions of golf carts being used on internal roads have been cleared. The regulations applicable to public roads will no doubt apply to the roads in estates. This will mean that golf carts will need to be licensed and drivers must have a driver’s license.
  4. The second issue was that of regulations applicable to domestic employees. As far as the rules at Mount Edgecombe were concerned, the court found that they were unreasonable, repressive, unlawful and reminiscent of what prevailed in the apartheid era. Estates will now have to be careful deciding what rules will apply to domestic staff of homeowners.

Should you have any queries or require any assistance, please do not hesitate to contact our offices.

Article by:

Guy Smith
Property Division

Tel: (033) 3553100
Email: property@venns.co.za