Complex living can be complex
Resident turns to court after being denied automatic access
COMPLEX living is complex, as has once again been happening at Six Fountains Residential Estate, east of Pretoria.
A resident of the estate has turned to court after he and the homeowners’ association were at loggerheads over building additions to his property.
Percy van der Merwe launched an urgent application in which he asked the North Gauteng High Court, Pretoria, to order the association to immediately allow him and his family electronic access to the estate.
It appeared that the association fined him R100 a day for not supplying them with the “correct” building plans for the alterations to his property.
Van der Merwe in turn said he submitted plans, although after the fact, and refused to pay the penalties, which by now ran into more than R3 000.
The association had added these penalties to his levy and when he refused to pay they barred his electronic access.
Van der Merwe said in court papers that he and his family had lived at the estate since 2015. They have been using the biometric system to enter the gated community since then. This affords residents automatic access, while visitors have to use a separate entrance and register each time they enter the premises.
Van der Merwe stated that during 2017 he made minor alterations to his property by extending the roof over the property’s garage. He also vertically extended two of the walls outside to utilise the space as part of his property.
In April this year, the association told Van der Merwe that he did not have any approved drawings for the alterations and insisted this be sorted out by the end of May, failure of which he would face a R100 a day penalty.
Van der Merwe said he obtained the drawings and gave them to the association. The association was, however, not satisfied with the drawings and demanded another be submitted.
This erupted into a dispute, with Van der Merwe sticking to his guns over the building plans and challenging the fine set by the association.
The body started to levy his account in October, with the R100 a day penalty.
The court was told that by the end of November he owed more than R3 000, which he refused to pay.
Van der Merwe has accused the association of “helping themselves” to his money through this penalty.
His decision not to pay backfired when he was denied electronic access to the estate.
He said that his “quick and easy” access to the property was now compromised, as he had to utilise the visitors entrance.
Not even a letter from his attorney could convince the association to restore his peaceful access to the estate, Van der Merwe added.
He told the court the issue was urgent, as it sometimes took up to 15 minutes to gain entry through the visitors entrance, depending on how many visitors tried to gain access at that time.
In responding to the lawyers’ letter, the lawyers of the association said Van der Merwe was in breach with the house rules, which said approved building plans had to be submitted before alterations were done.
It was said that Van der Merwe simply went ahead with the alterations and he thus now had to pay the penalties.
Once he had paid up and submitted his approved building plans, he could enjoy the privilege of using the residents entrance, it was said.
Acting Judge George Avvakoumides had removed the matter from the roll, and it was not clear whether peace was, meanwhile, restored between Van der Merwe and the homeowners’ association.