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Query about RCR 46/2010

13 January 2011

be interesting and I'm not sure how many attorneys actually takes the time to think about this.

The following question with regard to forced sales was raised at the Conference:

"Where property is sold in execution or by the trustee of an insolvent estate, or the liquidator of an insolvent company, the question arises as to whether the consent from the Home Owners Association must be lodged where the title contains a condition that the property may not be transferred without the consent for the Home Owners Association."

It was resolved:

"No, this is a sale sanctioned by law and it is therefore not necessary that the consent of the Home Owners Association be lodged".

Unfortunately in practice Home Owners Associations charge anything from R500 for the issuing of these certificates and on top of that the attorneys then charge an extra fee for obtaining this consent from the Home Owners Associations.

These are fees that should not be charged in cases of forced sales as these sales are made in terms of a court order and the authority of the court overrides any authority of any Home Owners Association and the consent of the Home Owners Association is therefore not necessary.

It would be interesting to know what attorneys think about this situation.

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