A fair amount of confusion prevails as to the inclusion of restrictive homeowners’ association conditions in new drafted deeds, inclusive of cessions of real rights, such as exclusive use areas and real rights of extension.
In terms of RCR 3 of 2011, RCR 29/2002 was confirmed where it was held that when sectional title register is opened and restrictive conditions exist and/ or imposed in terms of section 11(2) of the Act, such conditions must be incorporated in the certificates of registered sectional title and certificates of real rights of exclusive use areas and real rights of extension and brought forward into all successive deeds of transfer and cessions of real rights.
In respect of existing schemes, where the conditions were not brought forward into the title deeds, it must be brought forward into the new deeds.
This practice was introduced with effect from January 2012 and deeds registered prior thereto need not be amended in terms of Section 4(1)(b).
However, if conditions were omitted in deeds thereafter, the provisions of Section 4(1)(b) must be invoked to rectify the deeds accordingly.
Please do not hesitate to contact me for further information.
TONKIN CLACEY PRETORIA
012 346 1278