GEORGE NEWS - Although Le Grand Estate in Hansmoeskraal outside Pacaltsdorp is viewed by George Municipality as "a normal residential neighbourhood with public streets and public open spaces", the development is practically functioning and being marketed as an estate.

The Le Grand Homeowners Association (LGHOA), registered in 2007 as a non-profit company, is also fully functioning and enforces rules such as architectural guidelines on property owners, and imposes fines if an owner fails to start building within a certain time frame.

Lauren Waring, head of the municipality's Planning and Development Department, confirmed that the estate has not been officially approved by the municipality, however a clause in the title deed of all the properties in Le Grand requires owners to be members of its HOA.

"The owners are therefore aware that they are subject to an HOA, notwithstanding [the fact that] the HOA has not been approved in terms of the Land Use Planning Ordinance (Lupo). The HOA may enforce its own constitution and architectural guidelines in accordance with the personal rights accrued to it by virtue of the private contract that all the owners entered with the HOA (developer) when purchasing their property(ies)."

Waring said although not legally binding on the municipality, the guidelines of the HOA remain legally binding on the owners. "Therefore the municipality's Building Control Department requires owners in the development to obtain the HOA's comment before building plans are accepted. 

"The developers are aware of the facts surrounding the development and commenced the process of rectifying the situation about two years ago, however, the required rezoning application has not been submitted to date."

Inherited shortcomings

According to the owner of the develop-ment, Johan Gouws of CS Hentiq 1044 Pty Ltd, various issues and shortcomings were inherited from previous developers, including the status of the development which still needs official approval from the municipality.

 "We ourselves are flabbergasted as to how this could have happened. Since we took over in 2018, we have been consistently engaged with the municipality and homeowners to attempt to rectify and resolve these issues," says Gouws.

"Le Grand has a long history of over 20 years during which various developers owned the development and this is unfortunately a situation we have inherited that we were not aware of when we took over. 

"We became aware of the problem with the property's zoning two years ago and approached the municipality to find out what we should do.

"The first step was to obtain the official approval of Council to transform it into a private estate. The second step is the transfer of the property. The service agreements also have to be updated and approved. In the process of all this being finalised, the HOA's status in terms of the Lupo will be finalised too.

"It is strictly speaking an administrative issue. Unfortunately, the wheels are turning slowly."

Each property's title deed is a legal document and homeowners are buying knowing that they are bound by the HOA clause, confirms Gouws. "There is no doubt about the rights of the HOA and the approvals in the estate. The development is registered as an estate at the Deed's Office. The roads were built privately and are owned by the developer."

CS Hentiq is the fourth owner of the development. Some previous developers were liquidated.

First subdivisions in 1990

The history of the property starts in 1990 when the rezoning to subdivisional area of Hansmoeskraal 202/78 (where Le Grand South, the current residential development, is located) was approved by the former Provincial Administration of the Cape of Good Hope. 

"This land use approval was extended a few times. What is known today as Le Grand Estate was constructed in accordance with a 2002 plan referred to as Le Grand Estate South (residential area)," says Gouws.

Located to the north of the current development, across from the public road, the developer plans further residential development. The first owner of the property had received approval to develop a golf course there, but Gouws says in the current economic climate this is not feasible. A new development application will have to be launched.

"Under a previous developer, the prices of properties dropped, but through responsible management, we have managed to restore the value of property in Le Grand again to market-related values."

He gave the assurance that they are committed to Le Grand and to resolve outstanding issues with the cooperation of the municipality.

Units at Le Grand to the north of the Le Grand South development. 

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