Home Owners Association clearance certificates in the situation where a property is sold by the trustee in an insolvent estate.
In the High Court case of Jerry Sekete Koka N.O. and Others v Willow Waters Home Owners Association (Pty)Ltd and Others Case No 20361/2012 (North Gauteng High Court) the court ruled that when a Trustee in an insolvent estate transfers a property subject to a HOA condition, that the Trustee need not obtain a Clearance Certificate from the relevant HOA and that the Registrar of Deeds may register the same without the HOA Clearance Certificate.
The above case is currently on appeal and therefore the judgment in the above case is ipso facto suspended until the appeal has been finalised.
Examiners must call for a Clearance Certificate from the relevant HOA in all of these transfers and the status quo remains until further notice.
J Sekete v Willow Waters and Pretoria Registrar's Notice 08 of 2013