KVV Inc
  • About Us
    • Meet The Team
      • Staff Photos
    • KVV Masters
    • Blog
  • Registration Process
    • I Am a Buyer
    • I Am a Seller
    • I Am An Agent
  • KVV Training Centre
  • KVV TV
  • KVV Cares
  • Contact Us
  • +27 87 351 2022

Security Estates: Can You Fine Speedsters?

Home / Blog / Property / Security Estates: Can You Fine Speedsters?
June 5, 2019
Property
“When the [property owners] chose to purchase property within the estate and become members of the Association, they agreed to be bound by its rules” (extract from judgment below)
There are many advantages to buying in a security estate or other community scheme, including quality of life and increased potential for growth in your property’s value. As a buyer just be aware that you will almost certainly be binding yourself to a set of rules and regulations imposed by the Homeowners Association (HOA) or Sectional Title Body Corporate. Check that you are happy with them before you sign anything! Our courts have regularly confirmed the general principle that you are bound by what you agree to, and a recent high-profile Supreme Court of Appeal (SCA) decision provides an interesting example. HOAs and Bodies Corporate on the other hand will be particularly pleased with the outcome, the High Court having originally held that the speed limit rules imposed by the estate in question were an unlawful attempt to usurp State powers over public roads and therefore invalid.
Speeding fines in a golf estate
  • A large golf estate (comprising some 890 freehold and sectional title properties with extensive common areas and facilities) is serviced by a network of roads and pathways. It has imposed a speed limit of 40km/h on its roads, with penalties for speeding.
  • A property owner was fined R3,000 for his daughter’s repeated speeding contraventions, but he refused to pay, and the dispute has since then been grinding its way through the courts.
  • The High Court originally held the speed limit rule to be invalid on the grounds that the estate’s roads were “public roads”.
  • But the SCA overturned this ruling, holding that the estate is a “private township” and its roads are (and were from inception) “private roads”. The “general public” has no right to access the estate’s roads, admission being restricted by electrified perimeter fencing and strict control at gated access points to owners, tenants, employees, guests, invitees and other “duly authorised persons”.
  • Even if the roads had been “public”, said the Court, owners had voluntarily agreed to bind themselves contractually to use the estate’s roads subject to the conduct rules. And because invitees are only allowed into the estate with the owner’s prior consent, the rule making the owner responsible for any breach by them of the rules is valid.
  • Moreover, the estate’s imposition of a speed limit is not unreasonable, especially given the presence of children, pedestrians and animals (wild and domestic) in the estate.
The end result – the estate’s speed limit is valid, it is entitled to impose penalties for breaches, and the owner must pay his daughter’s speeding fines together with some (no doubt substantial) legal costs.

Disclaimer: The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.

© LawDotNews

Share
Previous Post
Expats and Employers: Plan Now For the New Expat Tax Changes
Next Post
Estate Agents: Securing Your Trade Secrets (and Your Commission)
Recent Posts
  • A Note from our Director
  • Building a Home in 2021: The Dangers of Not Being NHBRC Compliant
  • Life Partners – You Need a Will and a Cohabitation Agreement!
  • Don’t Fall Victim to a Ponzi Scheme in 2021!
  • Your Website of the Month: Starting a Business in 2021
Contact Info

Ground Floor, Block D, Jigsaw Park 7 Einstein Road Highveld Techno Park, Centurion
Phone: +27 87 351 2022
Fax: (012) 655-1053

Get Directions
Archive
  • January 2021
  • December 2020
  • November 2020
  • September 2020
  • August 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
Categories
  • Bank And Financial
  • Business
  • Corporate
  • Criminal Law
  • Debt
  • Delict and Civil Claims
  • Delit / Civil Claims
  • Employment and Labour Law
  • Employment Law
  • Family Law
  • General Interest
  • Insolvency
  • KVV News
  • Litigation
  • News
  • Property
  • Property Law
  • Road Traffic
  • Tax
  • Trusts
  • Uncategorized
  • Wills and Estates
Pages
  • About Us
  • Blog
  • Blog Archive
  • Blog Classic
  • Contact Us
  • Cost Calculator
  • How We Work
  • I Am a Buyer
  • I Am a Seller
  • I Am An Agent
  • KVV Inc – Your Property Partner
  • KVV TV
  • Master Lounge
  • Meat the Team
  • Meet The Team
  • Registration Process
  • Shortcodes
  • Staff Photos
  • Testimonials
  • Training Centre

Designed by eMSDigital Group © 2019. All Rights Reserved

  • About Us
  • Registration Process
  • KVV Training Centre
  • KVV TV
  • KVV Cares
  • Contact Us
  • About Us
    • Meet The Team
      • Staff Photos
    • KVV Masters
    • Blog
  • Registration Process
    • I Am a Buyer
    • I Am a Seller
    • I Am An Agent
  • KVV Training Centre
  • KVV TV
  • KVV Cares
  • Contact Us