Herewith feedback following our meeting of 4 June 2026
- Execution room functions and moving of furniture: Paulina has undertaken to have discussions with the SCM committee to provide a guided plan for future functions. It was agreed by all that the furniture should not be moved around for the most part, although it is sometimes necessitated by functions like memorial services. We have also requested management to communicate to the SCM the times that we are allowed to utilize the execution room.
- Consultation times: Management requested that we adhere to the consultation times with examiners. This request will also be addressed with examiners to adhere to likewise. It was emphasized that it forms part of their duties to consult with conveyancers and give full and undivided attention during such consultations. Consultation times with examiners are until 11:30 daily.
- Meeting feedback to personnel: As indicated previously, management has implemented section meetings whereby decisions and procedures that have been established at our meetings will be communicated more clearly to personnel. They have requested us to be patient as they are still in the implementation stages. This should hopefully cover situations whereby examiners are not aware of decisions and procedures that have been established during our meetings and that we have communicated to the conveyancers.
- Rejection of Deeds on the basis of incorrect extending clause: The issue is that examiners are rejecting Deeds for incorrect extending clauses on an ongoing basis. Reasoning behind this being the fact that the extending clause occurs on page 2, rather than the materiality of the clause itself to the validity of the deed. In this regard we have been referred to RC 1/2009 (specifically 18.2) and encourage you to escalate these rejections. This matter has not been resolved yet and further discussions should follow.
- Restoration of Deeds Protocol: When addressing a senior requesting restoration, management requested that we adhere to the consultation times and submit our request together with a properly completed restoration Form from the onset. Subsequently the senior should be afforded time to reconsider the notes.
- Contingency Measures for 30 June 2026: Safety Concerns voiced by Conveyancers have been escalated to management and contingency measures will be communicated to you once we receive final feedback from management.
- DOTS system and requests for returning to the previous dispensation: This matter is receiving serious attention and feedback will be given as soon as the matter has been resolved. External service providers are realigning themselves and soon we should be able to obtain full tracking records again.
- Home owners Association issues: Please see attached inserts of applicable Registrars Conference Resolutions to guide you in this regard. Please escalate any further issues that you might come across on this topic and communicate with us further agenda points that you require us to raise in the next Management meeting.
- When transferring a share, why are we required to reflect full value of hundred percent?: It has been resolved that as long as the amounts in the cost clause of the Draft deed, the TDR, and the PA are the same, there is no need to refer to 100 percent value when transferring a share. Any issues in this regard to be escalated.
Our next meeting is scheduled for 2 July
Kind regards,
Conveyancers Committee
Registrars Conference Resolutions on Home Owners’ Associations
Item 11 of 2013 RCR 42(a) of 2011: Name change of Home Owners’ Association
RCR 42(a) of 2011, which provides that in the conditions of a title deed, the new and old name must be referred to must be reconsidered, given the provisions of CRC 3 of 2012.
RESOLUTION Paragraph 4.4.4 of CRC 3 of 2012 must be adhered to in that the condition be quoted verbatim, however, the consent required for an act of registration must refer to both the new and old names. (RCR 42(a) of 2011 is withdrawn).
Item 8 of 2015 RCR 43/2003 and RCR 2/2007 – Home Owners Association
Where 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 and the conveyancer lodges a certificate stating that the Home Owners Association has not been established, may the Registrar of Deeds accept this certificate, and must the condition be brought forward in the transfer deed?
RESOLUTION: Consent must be obtained from a duly established Home Owners’ Association, failing which the matter must be referred to court for permission to transfer without the consent. The condition must be brought forward in the title deed, unless the court provides otherwise. (RCR 5/2014 is hereby withdrawn.)
Item 42 of 2011 Name change of a Home Owners’ Association
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? (a) Must the Proclamation be followed verbatim? (b) What will the position be where the company registration number was incorrectly published in the Proclamation?
RESOLUTION (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.
Item 33 of 2013 Defunct Home Owners’ Association
Where a Home Owners’ Association is defunct or does not exist, and the court is approached to transfer land without the consent from the Home Owners’ Association. How must the other erven in the Township be dealt with?
RESOLUTION Another court order must be obtained in respect of the other erven.
Item 39 of 2012 Home Owners Association conditions
Scenario: A developer of a township is placed under liquidation and the whole development is transferred to a new owner. The new owner forms a Home Owners Association with new conditions. How must the conditions that are referring to the first Home Owners Association (which is not operational) be dealt with?
RESOLUTION The conditions creating the first Home Owners Association must be removed in terms of the relevant legislation or an order of court must be sought.
Allen West
Property Law Consultant
HANNES GOUWS AND PARTNERS INC.
Attorneys, Notaries & Conveyancers
Tel: 012 321 1008
Cell 078 7655928
E-mail: allen@hannesgouws.co.za
Author of The Practitioners Guide to Conveyancing and Notarial Practice 3rd Edition
