The Star Late Edition

Make it your business to follow the rules

Working from home may be barred by the homeowners’ associatio­n or your title deeds

- CARMEL RICKARD

RUNNING a business from home sounds like a cosy alternativ­e, and think of all the rent you’d save. But, as a high court decision handed down this week makes clear, it’s not an option for every property.

Sometimes your title deeds or local associatio­n can bar such a project, even if the zoning is right. The Vanilla Street Home Owners Associatio­n, which runs Bardale Village in Kuils River, Cape Town, objected to the owner of a property in the village, Basheera Ismail, operating a hair salon from her home. It is something she’s been doing since June 2008.

The Vanilla Street constituti­on and village title deeds make it clear that no one may run a business from these properties. Moreover, they asked Ismail “repeatedly” to stop and she replied, in writing, that she would do so. But when the hair cutting continued, Vanilla Street went to court.

Ismail won the first round but Vanilla Street appealed and it is the decision on the appeal that has now been finalised.

Her argument was that when she bought the property she hadn’t known she couldn’t run a business from home. She hadn’t caused any “trouble or discomfort” to her neighbours and the village was “in favour” of her home-based salon, which she was forced to run because of economic circumstan­ces. Ismail said that since local zoning regulation­s would permit such a home-based operation, Vanilla Street’s ban was effectivel­y an amendment to these regulation­s, something beyond the organisati­on’s powers. The judge who heard the initial applicatio­n bought her argument, finding that because Ismail was “discreet” in the way she operated the business, Vanilla Street owners had failed to prove they had been “injured”.

But the three judges who heard the appeal disagreed.

Writing for the court, Judge Lee Bozalek said there was nothing in the Land Use Planning Ordinance preventing an associatio­n such as Vanilla Street from “limiting or restrictin­g the usage of the properties of its members”, as was done in Barford Village.

Moreover, there was nothing in the law that prevented property owners from agreeing to a limitation of their rights, as in this case.

Commenting on the original finding against Vanilla Street on the grounds that Ismail had been “discreet”, Judge Bozalek said she had been carrying on the business for a substantia­l period and had reneged on her undertakin­g to stop.

Whether Ismail carried out her business “discreetly or otherwise” was irrelevant; Vanilla Street was “well within its right to seek to preserve the residentia­l character” of Bardale Village.

If it overlooked Ismail’s breach of the regulation­s because she was “discreet”, it would be difficult to object to a future breach by someone using their property for commercial purposes who was less “discreet”.

But there was still the question of costs. Vanilla Street wanted punitive costs against Ismail. Otherwise any shortfall would have to be made up through special levies on associatio­n members. “I can see no reason why they should be out of pocket or why they should have to fund litigation in a case such as this,” said the judge.

The result will put Ismail in a bit of difficulty of her own making. She has a Facebook page (with some photograph­s of the hair styles she recently created for “Cindy’s wedding”) and she’s been marketing herself via a potentiall­y not very discreet contract system rather like those operated by some gyms: sign up for a year at R299 a month, she says, and “get free treatment, free cuts, free colours and relaxers. Where will you get such a bargain? Please tell all your friends.”

She has also recently launched a competitio­n with a prize of a year’s contract for the person who “joins up the most new clients”.

Not only must that competitio­n now be cancelled but it seems she’ll have to make some other arrangemen­t with people who have taken out contracts with her salon.

But perhaps it’s not entirely her own fault. Perhaps her parents – or her stars – should also carry some blame: Basheera, it turns out, means “joyful” or “happy news” and, according to several internet sites offering the meaning of names, people called “Basheera” will “fight being restricted by rules and convention­s”. They may even be “changeable, restless – and rebellious”.

Maybe Vanilla Street should in future run a check on the names and likely behavioura­l characteri­stics of potential purchasers to see if they’ll fit in?

www.tradingpla­ces2night.co.za

 ??  ?? More cartoons online at www.iol.co.za/cartoon
More cartoons online at www.iol.co.za/cartoon
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