Our Body Corporate wants to change to an HOA due to maintenance issues. How do we go about doing this?

It is only possible if there is enough physical ground surrounding the units.  Each unit will have to have its own separate stand.  In Cape Town I have seen for the first time an HOA where the units are attached two-two to each other – so you will just have to check your Council bylaws.

The next step will be to get written permission from all owners and bondholders. 

An attorney who specializes in such matters will be able to assist with determining which type of HOA will be best – NPC (Company) or Common Law Association (Constitution). 

They will then need an MOI or Constitution for the HOA etc.

The process to follow will be explained by the attorney and the costs will differ from attorney to attorney and Council to Council.

If the units are not physically apart and a separate stand cannot be created for each unit then the problem of maintenance can be resolved by creating exclusive use areas – but that is another Question of the Week