Can an HOA impose stricter building rules than your municipality?

Dear Newsletter Reader,

We continue with our A–Z Community Scheme series, exploring the building blocks of a well-managed scheme and to wrap up September we are concluding letters Q and R.

Here’s what we cover in this edition:

HOA rules vs. Municipal regulations: This Sarah’s Socials, Sarah provides a FIRAC summary of the Baronetcy Estate Homeowners Association v Abdulahi ZAWCHC 422 case.
Western Cape Judgement: Can an HOA impose stricter building rules than your municipality?
Before you buy: Essentials every owner should know before buying into a new community scheme.
NAMA National Conference: Get ready for the upcoming NAMA National Conference and find out what’s in store.

HOA rules vs. Municipal laws: Which rules take precedence?

In this article Sarah provides a FIRAC summary of Baronetcy Estate Homeowners Association v Abdulahi ZAWCHC 422.

Can my HOA set stricter rules than the Municipality?

What is an HOA, which documents govern it, and can it impose stricter building rules than your municipality? Sarah breaks down a recent Western Cape judgment and gives homeowners a clear answer.

Understanding community schemes: What every owner should know

In this article we discuss key takeaways from the CSOS webinar on sectional title living, covering what new buyers need to know before buying into a community scheme.

NAMA 2026 National Conference

The highly anticipated NAMA 2026 National Conference will take place on 15–16 October 2026 at the CSIR International Convention Centre in Pretoria. This year's theme, "Back to the Future," will encourage delegates to reflect on the lessons of the past, assess the realities of the present, and explore what the community schemes industry needs to become in the years ahead.

Zerlinda van der Merwe will be one of the experts presenting on understanding the evolving dynamics of community living.

Registration is now open - secure your place and be part of the conversation shaping the future of community scheme management.

Need guidance amending your schemes rules?

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“There are only two ways to live your life. One is as though nothing is a miracle. The other is as though everything is a miracle.” - Albert Einstein

Zerlinda van der Merwe and Nicole Tavares

We trust that these insights continue to add practical value, to you and your scheme, as we work our way through the alphabet. If you have any topic suggestions, please email them to info@tvdmconsultants.com - we would love to hear from you!