CLUSTER HOMES AND DEVIATING FROM THE BUILDING GUIDELINES - WHEN YOU CAN, AND WHEN YOU CAN'T A Home Owners Association's constitution will invariably bind all its members to a set of architectural and building requirements which, in order to protect the rights of all home owners, controls aspects of the design and position of buildings and other structures within the complex. But where deviations from such requirements are "minor", it seems that the courts may well condone them. Thus the High Court recently refused to order a complex homeowner to remove a wire mesh fence erected by him. Although the fence was not, as required, "Bekeart mesh", the Court held that: "To the untrained eye the difference will hardly be noticeable. If creepers are planted (as should be encouraged in terms of the constitution) it will be impossible to tell if it is plain wire mesh or Bekeart mesh". It seems that "noticeability" could be the key consideration here. This practical approach however has its limits - any "absolute or peremptory" requirements must be strictly complied with. Take advice in doubt. Recent Articles for Jun 2010; Source: www.dotnews.co.za |
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