Some questions
From "Proposed Amendments To The City of Cape Town: Municipal Planning By-Law, 2015"
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Some questions given this relates to older approvals
Where a LUPO subdivision approval required the HOA constitution to be approved by the City Planner before any transfer could proceed, but that approval never happened, does this amendment validate the constitution or is City certification still required?
Where a subdivision approval required a membership condition to be inscribed in every title deed but it was omitted, does this amendment provide a mechanism to address that omission - and if the current registered owner withholds consent, what happens?
Does the deeming of existing LUPO homeowners' associations as owners' associations under this amendment require those associations to obtain certification of their constitutions under section 62 before their constitutions are operative?
Where an association's constitution contains objects broader than the maintenance of services and amenities arising from the subdivision - for example, promoting the general interests of members - does certification under section 62 require those objects to be narrowed, or does the deeming validate them as they stand?
Where levies have been paid to an association operating under a constitution that was never approved or certified, does this amendment affect the legal basis for those demands - or is that left entirely to private law?
