According to Johannesburg property lawyer Karen Bleijs of Biccari Bollo Mariano Attorneys, the absence of specific legislation for cluster developments and those that are part cluster-part Sectional Title "leaves little protection for owners when things go wrong". They are not necessarily better than sectional title schemes despite the absence of difficult owners on a body corporate.
Some common problems experienced by cluster development owners include:
- Badly structured on non existing Home Owners' Association (HOA).
- No clause in the offer to purchase binding the owner to the HOA.
- Rules they don't like.
- Disappearing developers - an incomplete development when the developer goes into liquidation.
- Owners doing their own thing - blatant disregard for architectural guidelines.
Article on Moneyweb