Private Housing Estate Laws: What can and can't be enforced?

On Thursday, a caller shared how he was fined for speeding in a private estate.

Earlier this year, a Kwazulu-Natal High court ruled that private estates may not enforce road traffic laws.

Azania Mosaka spoke to Expert Property Lawyer Marina Constas to find out what the law stipulates in light of residential estate laws.

The National Traffic Road act applies. There are only certain people who are entitled to implement speeding fines, put up equipment to catch people and stop infringes and that is certainly not any director of a home owners association.

Marina Constas, Board Member and Expert Property Lawyer at Community Scheme Ombud Service

All rules really must be reasonable in terms of our common law and must apply consistently to all owners, so if a rule is against the law or unreasonable it doesn't mean that just because it is written in black and white that it is enforceable.

Marina Constas, Board Member and Expert Property Lawyer at Community Scheme Ombud Service

A lot of the private estates are not private enclaves where there laws can just be ridden roughshod over.

Marina Constas, Board Member and Expert Property Lawyer at Community Scheme Ombud Service

Click on the link below to listen to the full interview...


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