Buyers and Management Associations: Critical considerations
Buyers: Although media reports suggest that an appeal against this particular judgment is in the offing, never buy into a residential estate until you have fully understood and accepted all the rules and regulations you are agreeing to.
Management Associations: Critical to the Court’s decision in this case was the tight wording of the Conduct Rules in question – in formulating them, make sure that they will be enforceable. Take full legal advice in any doubt.
Secondly, do not make the mistake of having rules and then not enforcing them. In an earlier High Court case, the Home Owners Association of a Game Reserve was barred from enforcing its rule against the keeping of any domestic pets, because on the particular facts of that case it was held to have waived its rights to do so after an 8 year failure to take any enforcement action. Presumably that is why management in the “Theodore” case was advised to enforce its rules only against “new arrivals”.
Note: the “waiver” case is Buffelsdrift Game Reserve Owner's Association v Holkom and Others (58258/2013)  ZAGPPHC 474  ZAGPPHC 474
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