Photograph representing Communal Property Association Constitution

Communal Property Association Constitution

R1 199

Create a constitution for a communal property association to hold, manage, use, and administer communal property according to agreed community rules.

A Communal Property Association Constitution is used where a community wishes to hold and manage property jointly through a statutory association. It records membership, governance, committee powers, land use, benefit-sharing, meetings, records, dispute resolution, and accountability.

South African legal context (2026 checklist)

A CPA constitution must comply with the Communal Property Associations Act and should be prepared with care because it governs community property rights and internal governance. Membership, land-use rights, committee accountability, dispute resolution, and benefit distribution should be clear and transparent.

  • Communal Property Associations Act 28 of 1996
  • Communal Property Associations Amendment Act 20 of 2018
  • Constitution of the Republic of South Africa, 1996
  • Restitution of Land Rights Act 22 of 1994, where land restitution is involved
  • Deeds Registries Act 47 of 1937
  • Protection of Personal Information Act 4 of 2013

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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What is the name of the communal property association?
What is the name of the communal property association?
What community will the association represent?
What community will the association represent?
What property or rights will be held?
What property or rights will be held?
Who qualifies as a member?
Who qualifies as a member?
How will members be recorded?
How will members be recorded?
How will the committee be elected?
How will the committee be elected?
What powers will the committee have?
What powers will the committee have?
How will land use, benefits, income, and disputes be managed?
How will land use, benefits, income, and disputes be managed?
What meeting and voting rules apply?
What meeting and voting rules apply?
How will records and financial statements be kept?
How will records and financial statements be kept?

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