Conveyancing Fraternity Restrictive Conditions Applicable to Sectional Titles

In terms of Pretoria Registrars Circular 3 of 2003 and RCR 29 of 2002, as confirmed by RCR 6 of 2008, Home Owners Association conditions and other restrictive conditions pertaining to the section must be inserted in the Certificates of Registered Sectional Title and subsequent transfers, as well as in certificates of real rights of exclusive use areas and real rights of extension, and the subsequent cessions thereof.

The practice became effective from 2 January 2003, and where deeds were registered subsequent to the aforesaid date, without the incorporation of such conditions, such deeds must be rectified in terms of section 4(1) (b) of the Deeds Registrars Act 47 of 1937, simultaneously with the transfer or cession thereof.

Allen West