@nido_russia · Post #1871 · 13.11.2024 г., 16:08
Supreme Court's decisions on Community/Estate Associations issue. Case Law: In the case of FAMAKINWA & ORS V. ODOFIN OLOJA ESTATE RESIDENTS ASSOCIATION & ORS (2016) LPELR-41066(SC), the Court ruled: 1. Residents are bound by rules of the estate association, even if they are not members. 2. Estate associations can make management & maintenance rules for the estate. 3. These rules are enforceable on all residents. The decision was on the following grounds: 1. Purchasing/renting property within the estate, implies consent to abide by the estate's rules. 2. Residents have a vested interest in maintaining the estate's amenities and services. 3. Allowing non-members to disregard estate rules would undermine the association's ability to maintain order & manage the estate effectively. The court also stressed that: 1. Estate association rules must be reasonable & not arbitrary or oppressive. 2. Residents must be given fair notice & opportunity to be heard before sanctions or penalties are imposed. https://t.me/nido_russia/1871 #realestate#tenancy#landlord#tenant#apartment#flat