HOME OWNERS ASSOCIATION CONDITIONS AND CONSENTS

TO ALL ESTEEMED BUSINESS PARTNERS
Number No 1 of 2015

In two recent Supreme Court of Appeal judgements handed down on the 12 December 2014, namely Willow Waters Homeowner's Association (Pty) Ltd v Koka  (768/13)[2014] ZASCA 220 (12 December 2014) and Cowin NO v Kyalami Estate Home Owners Association  (499/2013)[2014] ZASCA 221 (12 December 2014) the SCA held as follows:
  • The condition in favour of the HOA is a real right and capable of being registered.
  • The consent from the HOA must be lodged on the transfer of property, irrespective of whether the transaction emanates from a forced sale.

In a nutshell the status quo remains and there is no change in the practice and procedure of conveyancing.

For any queries please contact our Property law division at the details below:

Allen Stanley West
Tel: 012 425 3549
awest@macrobert.co.za

Daleen Loubser
Tel: 012 425 3489
dloubser@macrobert.co.za