 Search for a home on any device, any time, anywhere. Private property, a home for everyone. We'll swing here on afternoon express. We are transforming ourselves into experts in all things estate living. We're exploring various aspects related to buying and living on estates. And today we discuss legal aspects related to living in an estate. Joining us today is Lisa Boniface. Welcome. Thanks for having me. So lovely to see you. Yeah, great. Now I want to know, in terms of running the properties, what is the main body responsible for either the freestanding or the sectional title within an estate? Okay, so Jeannie, let's start with the freehold. Yeah. That's run by the Home Owners Association. So the developer forms a non-profit company under the Companies Act. Okay. And that's governed by a memorandum of incorporation. And that authorizes a set of rules. So generally those rules are governed and controlled by your Home Owners Association. And in your sectional title you deal with the body corporates. Yeah. And the body corporate is formed as soon as one of the units is transferred from the developer's name into a new owner's name. The body corporate comes into existence. And every person that buys into a sectional scheme becomes a member of a body corporate. Automatically. Okay, now I want to know a little bit more detail. So let's break it down. Let's go to the Home Owners Association. So I assume that's just homeowners. Yes. What are their roles, their obligations, their responsibilities and what exactly does it mean to be part of the Home Owners Association? Okay. So what the Home Owners Association controls and administers is the communal property in an estate. So for instance, your clubhouses, your golf courses, the streets, all the communal areas that everybody utilizes in that particular state. They ensure the governance of those. They ensure that a levy is provided for and money is collected. And the upkeep of all of those items are controlled by them. Okay. So and what you find as well is the Home Owners Association becomes the owner of those communal areas. All right. But a Home Owners Association wouldn't then be involved in like a neighbor's developments or renovations or anything, or do they also have a say? Well remember like I said to you before, Jeannie, there is architectural guidelines. Okay. And when you buy into an estate, you buy into their rules. Yeah. And they would then control those rules through their memorandum of incorporation which authorizes things like house rules and estate rules and architectural guidelines. Okay. So they would ensure good governance of those items. So for example, if everybody's house in the estate has to be white, you can't go and paint yours pink. No, definitely. Exactly. They want us to live in harmony. Yeah. I think I love when it's like that. Now let's look at the body corporate. How does that differ? And what exactly are then the roles, the obligations and the responsibilities of the body corporate? So the body corporate is really responsible for ensuring that the rules, management and conduct rules are complied with, that they establish a fund and that the money is collected in that fund and this then goes to the upkeep of the property and running the body corporate, essentially. So that's exactly what they're involved with, is just running the common property, the day-to-day running of a scheme as well as establishing a fund, controlling that fund and then ensuring things are looked after. Okay. So let's have a look at an estate like I've Africa, for example, where there's sectional title and there's free standing homes. Who is then the body? Okay. And what is the difference? How can they work in harmony together? So generally when you buy into an estate and you purchase a sectional title unit in that estate, you automatically become an owner or you have to acknowledge and consent to becoming an owner of the Home Owners Association. So the Home Owner Association is the controlling body and that would mean then that you would need to comply with their rules, with their memorandum of incorporation. So they definitely the controlling body and you would need to comply with their rules as well as your own management and conduct rules within your scheme. And there can also be two levies payable in that regard. So that's something that a buyer must definitely look into when buying into an estate. And if you are buying into a sectional scheme, you'll have levies for the body corporate within your scheme as well as for the Home Owners Association. So look after those communal areas as well. Brilliant. Thank you so much for telling us. No, it's a pleasure. Thanks for having me. I'm really very clued up now on property. Now the grand prize in Winner Home is your choice of one of three fully designed cluster homes at the I of Africa Gulf and residential estate. To enter the grand prize competition, visit privateproperty.co.ca and click on the Winner Home icon to answer an easy question and vote for your favourite designed duo.