ARTICLE · 03 JUNE 2010

The Consumer Protection Act - How Will This Affect Home Owners Associations And Developers?

AMC HUNTER INC

Explore more from AMC HUNTER INC

Developers and Home Owners Associations fall within the definition of ‘suppliers’ in terms of the Act and will thus, as of October 2010, be subject to the provisions of the Consumer Protection Act in terms of which various 'Fundamental Consumer Rights' have been identified.

South AfricaConsumer Protection

Karien Hunter

Developers and Home Owners Associations fall within the definition of 'suppliers' in terms of the Act and will thus, as of October 2010, be subject to the provisions of the Consumer Protection Act in terms of which various 'Fundamental Consumer Rights' have been identified.

The Act not only applies to contracting parties, for example the purchaser and/or seller of a property on an estate, and the Section 21 company which administers the estate (HOA), but also other 'users' of the services, for example tenants and the guests of the home owners.

Great care should accordingly be taken by the directors of a Home Owners Association and a thorough check of their Conduct Rules and Articles of Association should be undertaken before the Act kicks in.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Draft Opt-Out Registry Guidelines: What Direct Marketers Need To Do Now

South AfricaConsumer Protection

Introducing Paralegal Diaries: Everyday Justice In Action (Video)

South AfricaConsumer Protection

Cliffe Dekker Hofmeyr

Blocked Means Blocked: Why Consent Cannot Override A Registered Block Under The NCC’s Draft Guidelines

South AfricaConsumer Protection

Draft Opt-out Registry Guidelines For Direct Marketing In South Africa

South AfricaConsumer Protection

Herbert Smith Freehills Kramer LLP

Authorities Seize Counterfeit Goods Worth Millions

South AfricaConsumer Protection

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Product Liability

Comparative Guide

Gambling Law

See more popular content from

Consumer Protection

What Is NCR Credit Registration, And Why Is It Important In South Africa?

The National Credit Regulator (NCR) was established under Section 12 of the National Credit Act, Act 34 of 2005 (NCA) to oversee the South African credit industry.

South AfricaConsumer Protection

The Blame Game: Who Pays When Products Fail?

When a product breaks, the question of liability arises. Should the consumer, the supplier or the manufacturer carry the cost?

South AfricaConsumer Protection

Warning Labels Proposed For Energy Drinks In South Africa

The Minister of Health intends to amend the regulations* relating to soft drinks, specifically those categorised as "formulated caffeinated beverage or cola beverage"; in other words "energy drinks".

South AfricaConsumer Protection

Draft Amendments To The Affordability Assessment Regulations Under The National Credit Act

On 13 August 2025, the Department of Trade, Industry and Competition published the draft National Credit Act Amendment Regulations in the Government Gazette, proposing amendments to various Regulations under the National Credit Act 34 of 2005 (NCA), including Regulations 18,19 and 23A.

South AfricaConsumer Protection

Consequences Of Non-Compliance With The Consumer Protection Act 68 Of 2008

The Department of Trade and Industry ("DTI") has postponed the effective date of the Consumer Protection Act 68 of 2008 ("CPA") to 1 April 2011.

South AfricaConsumer Protection

Werksmans Attorneys

When Does The National Credit Act Apply To A Transaction?

The National Credit Act No. 34 of 2005 ("the NCA" or "Act") has had a significant impact on transactions involving deferred payment and interest in South Africa.

South AfricaConsumer Protection

Bentley Attorneys

Draft Opt-out Registry Guidelines For Direct Marketing In South Africa

The National Consumer Commission has published draft guidelines on compliance with opt-out requirements, with important implications for all businesses that conduct direct marketing in South Africa.

South AfricaConsumer Protection

Herbert Smith Freehills Kramer LLP

Cleanse Or Consent? The ZAR0.12 Question Every South African Direct Marketer Must Answer

ENSafrica's latest legal bulletin examines critical regulatory shifts across Africa, from South Africa's mandatory monthly opt-out cleansing under amended CPA rules to Rwanda's new VAT framework for cross-border digital services. The collection addresses constitutional interpretation in Ghana, AI policy governance failures, merger threshold updates, and emerging challenges in crypto regulation and prediction markets.

South AfricaConsumer Protection

Keeping Credit & Consumer Law In Their Lanes: Lessons From A Vehicle Finance Summary Judgment

This case involved an application for summary judgment by a credit provider. The dispute arose from an instalment sale agreement signed on 1 August 2023 to finance a motor vehicle.

South AfricaConsumer Protection

Latent Defects: When Is The Consumer Protection Act Applicable?

A ‘latent defect' is a material defect, which was not visible after ‘reasonable' inspection.

South AfricaConsumer Protection

Abrahams & Gross Inc.