Conference Resolutions - Centre for Conveyancing Practice

Paragraph 4.8 The conditional clause
Home Owners Association Conditions
Scenario A condition prohibiting the alienation or transfer of a property without the consent
of the home owners association is contained in the title deed of the property. On
transfer of the property the conveyancer lodges a certificate stating the home
owners association has not been established.
Question
1 May the registrar of deeds accept this certificate; and
2 may the condition be brought forward in the deed of transfer?
Resolution
1 No. The consent must be insisted upon, failing which the matter must be
referred to court for permission to transfer without the consent.
2 The condition must be brought forward in the title deed - (RCR2/2007 and
RCR43/2003).
Home Owners Association Conditions - last provisio to section 65
Question Is it correct to accept only a clearance / certificate from the Home Owners’
Association that the transferee has bound himself/herself to become a member
of the association and that the constitution of the association have been
complied with whenever the property is transferred? Should consent from the
transferee himself/herself not be lodged signifying that he/she has accepted? In
many cases these condition are proclaimed conditions.
Resolution Yes, it is correct. No acceptance by the transferee is necessary as this is a
registered condition - (RCR27/2009).
Change of Name of a Home Owners’ Association
Question In the event of a Home Owners’ Association changing its name sometime
after the township was proclaimed in the Provincial Gazette, how must the
change of name be dealt with?
Resolution
a) Must the Proclamation be followed verbatim?
b) What will be the position where the company registration number was
incorrectly published in the Proclamation?
a) No. The new name must be followed. Proof of the change of name must be
filed on the township file and the affected deeds must be endorsed in terms of
section 3(1)(v) of Act No. 47 of 1937 regarding the new name. A caveat must
be noted against all relevant erven in the township to the effect that the new
name must be followed.
b) The correct registration number must be followed. Proof of the correct number
must be filed on the township file and the affected deeds must be endorsed in
terms of section 3(1)(v) of Act No. 47 of 1937 regarding the correct number. A
caveat must be noted against all relevant erven in the township to the effect
that the correct registration number must be followed – (RCR 42/2011).
Restriction on alienation
Question Given the obiter dictum in the case of Standard Bank of South Africa Ltd v
February 2012 Self-Study Deeds Course
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