1. Willow Waters Homeowners Association (Pty) Ltd and another v Koka NO and others (768/13) 2014] ZASCA 22O (12 December 2014)
1.1. In the above-mentioned case, the issue was whether a condition which prevents the transfer of immovable property without a clearance certificate from a Homeowners Association constitutes real or personal rights. The North Gauteng High Court, Pretoria (Bam AJ sitting as a court of first instance) held that the condition in question is a personal right "which did not bind the trustees of an insolvent estate in whom ownership of the immovable property sought to be transferred vested." (Par.1).
On appeal against the finding of Bam AJ, Judge Maya ordered the setting aside of the order of the North Gauteng High Court, Pretoria.
1.2. The following, amongst others, is recorded as "Reasons for Judgement":
1.3 In view of what has been said above, the status quo remains in so far deeds examiners must ensure that the consent from the Home Owners Association is lodged in instances where the title deed contains a condition that property may not be transferred without the consent from such Home Owners Association.