Homebuyers in Kenya's gated communities get uneasy over stricter estate rules
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Homeowners in Kenya's gated estates and apartment developments are finding that management rules now govern everything from extensions and repainting to parking, pets and short-term rentals.
Homeowners in Kenya's gated estates and apartment developments are increasingly discovering that buying a home comes with a growing list of restrictions, covering everything from building extensions and repainting to parking, pets, construction hours and short-term rentals such as Airbnb.
Restrictions vary from one development to another, but some have become common across gated communities and apartment developments. Other rules regulate satellite dishes, solar panels, generators, water tanks and changes to the external appearance of homes, while some estates control where visitors park and whether owners can run a business from home.
The restrictions raise a central question for homeowners who have paid Sh15 million, Sh30 million or even Sh50 million for a property: how much control should estate management have over what they do with their homes, and what happens to the value of a development if every homeowner decides to do whatever they want.
Prudence Mugambi, an advocate and sectional property law expert, says the balance is between individual property rights and legitimate collective interests. In sectional developments, a buyer owns a registered unit while holding a proportionate share of the common property, and the management corporation is responsible for enforcing the applicable by-laws, though owners can still paint, wallpaper or decorate the inner surfaces of their units without consent.
Structural, mechanical and electrical alterations, however, require prior written approval. Parking rules may determine where residents and visitors leave their vehicles, and some estates regulate short-term letting, arguing that frequent guest turnover can affect security.