NORMANDIE HOME OWNERS ASSOCIATION E- MAIL: firstname.lastname@example.org CELL: 082 415 1096 INTERNET FAX: 086 671 2322 (Receiving only) TEL: 021 982 7874 LINE FAX: 021 982 7874 P.O. Box 331, Cape Gate, 7562 (If there is any doubt about which forms to use please phone the Chairman, N.H.O.A. for assistance – Cell 021 415 1096.) N.H.O.A. REQUIREMENTS AND PROCEEDURES FOR TRANSFERRING (Refer to, either the list for transferring empty Plots or the list for transferring Houses on plots) Important considerations for speedy Home Owners Association Releases for Sales Transfer or Bank Bond Release. The Seller is responsible for obtaining his/her own Seller’s Release and has to provide any copies of plans that are required by Normandie Home Owners Association. He/she is also responsible for arranging an appointment with the N.H.O.A. Chairman to inspect the property. He/she may appoint his/her Agent or his/her Attorney to do it for him/her. (The Purchaser is responsible for obtaining the Bank Bond Release if requested by their Bank or their Attorney). The Sales document and the Power of Attorney are therefore important in this regard and faxed copies are needed for our records and has to bear the costs up front for obtaining the Transfer Release from Normandie Home Owners Association before action to commence the process for the Release begins. This money must be placed into: NORMANDIE HOME OWNERS ASSOCIATION BANK ACCOUNT: Standard Bank Cape Gate Branch number: Savings Account Number: Identifying details: In the instance of a Seller’s Transfer Release: R300.00 to: Client’s Surname: ……?….. Erf: number: ……?……. MOTIVATION:……?……. e.g. Jones 20067 transf or in the case of a Rank Bond Release R300.00 to: Client’s Surname: ……?….. Erf: number: ……?……. Name of Bank: ……?…… e.g. Jones 20067 Absa The Agent has to ensure that his/her processes are in order to effect this Release as soon as is possible so as to expedite the sale and the payment of the commission through transfer. Should the Attorney be required by the Seller to undertake any of these obligations for him/her, then either the seller or his/her Agent can be asked to bear such costs. The same ruling can be applied to the Purchaser or his/her Agent. If there is any doubt about anything please phone the Chairman: S.K.WEBER, 082 415 1096. N.B. The RELEASES will only be granted when the necessary procedures are completed AND the Seller has been first of all been released, before the Bank Bond Release can be issued (this does not apply if the Bank requires a release for a Home Building Loan or Access Bond Loan which is APPLIED FOR SEPERATELY FROM THE SALE OF A PLOT OR PROPERTY. Management: BUILDING REPRESENTATIVE: SEAN Mc CARTHY CHAIRMAN: SYDNEY WEBER TREASURER: Assisting: EUGENE ELLIS ASSISTANT: VICE CHAIRMAN: DEON de GOEDE Page 2 PROCEDURES FOR OBTAINING NORMANDIE ESTATE HOUSE TRANSFER RELEASES SELLER’S OBLIGATIONS : Important considerations : The Deed of Sale must disclose the Purchaser’s new membership in belonging to THE NORMANDY HOME OWNERS ASSOCIATION, which occurs on the DATE OF THE TRANSFER REGISTRATION at the deeds office, or the Seller must sign an acknowledgement that he has notified the Purchaser of his/her obligation : Check List : 1 Appoint private sales person or person from an Estate Agency 2 Choose and appoint own Attorney or as desired 3 If an empty plot produce one copy of outline Plan of grounds if an empty plot or if an existing house, a copy of the current approved Municipal plans. Should the Seller not have such a copy he may obtain one himself, or a letter of authorisation addressed to the Cape Town Municipality may be provided for the Seller’s Agent to do this on behalf of the Seller) that shows the following details : a) the border line of the property, b) the servitudes, c) the house foot-print, d) the building lines, e) the extent of any out buildings or outside additions (these are usually approved by way of a Rider Plan.) f) It is important that the municipal approval notations, found at the back of the approved paln, be submitted as well. (This is to prove that the plan is not just a print but in fact a copy of the original and it is necessary for this approval to be verified by the owner as being applicable to his erf.) 4 Submit a copy of the Municipal House Occupiers Certificate for this particular erf. AGENT’S OBLIGATIONS : Important considerations : The Plans and the House Occupiers Certificate are needed for the N.H.O.A. inspection. Delay on this proceedure could delay the transfer. An appointment must be made with the N.H.O.A. Chairman to inspect the outside of the property by arranging safe access with the owner or agent to examine the grounds of the property. The following copies are needed : Check List : 1 the Sales Agreement showing the new owners perpetual membership in N.H.O.A. or arrange an Addendum to the Deed of Sale or provide a N.H.O.A. Clearance that proves that the Purchaser has been informed of HIS/HER obligation in this regard, 2 Deliver the Agreement to Seller’s Attorney, 3 Assist the Seller to obtain the Plans etc., and arrange an inspection appointment with the chairman of N.H.O.A. 4 arrange the Registration Fee of R300.00, which is to be paid up front to N.H.O.A. by the Seller, his/her Agent or his/her Attorney (a copy of the deposit must be faxed to the Association before the release process can proceed 5 Deal with attorneys and loan institutions to assist in timeous registrations. ATTORNEY’S OBLIGATIONS : Important consideration : No Deeds Office registration may be finalised without first obtaining the NORMANDIE HOMEOWNERS ASSOCIATION’S written RELEASE, which release will only be granted once the Seller and his/her attorney have fulfilled their obligations. (A severe fine may be imposed if registration takes place before this RELEASE has been granted and/or the matter shall be Page 3 report to the Legal Society Registering Authority and the Deeds Office. In this regard, sporadic checks are being made at the Deeds Office by N.H.O.A.: Check List : 1 Ensure that all legal documentation, requested by Normandie Home Owners Association, is released to the Association as soon as possible, 2 Ensure that all outstanding fees and related matters are settled immediately, 3 Liaise with the Attorneys of the Agents, Sellers, Purchasers and Loan Institutions, 4 Confirm to N.H.O.A. the actual date of registration on behalf of the Seller, 5 Arrange for the TRANSFER RELEASES, of the Seller, in the first instance and the Purchaser via their Loan Institution, where necessary, in the second instance. CHECK LIST FOR NORMANDIE ESTATE BOND RELEASES If the Loan Instituion requires a TRANSFER RELEASE from the Purchaser, this can only be effected once the SELLERS TRANSFER RELEASE has been finalised and the Transfer Release has been issued. The following also applies : Check List : 1 A copy of the request for Transfer Release by the Loan Insitution must be faxed to N.H.O.A. 2 Copy of Purchaser/s I.D. Proof that the Purchaser is the present owner (Deed search) AND that the prospective Purchaser is selling the property (Sale Agreement.) 3 Copy of the contact details of both owner and buyer, attached to the Sale Agreement. CHECK LIST FOR NORMANDY ESTATE EMPTY PLOT TRANSFER RELEASE These transfers are handled in the same way as for developed property transfers, The only real difference is that the Purchaser must be notified in writing that all Building Plans for a new house to be built must first be referred to N.H.O.A. for approval. This is done through a letter that N.H.O.A. submits to the Purchaser’s Attorney, which must be initialled and stamped with the firm’s offical stamp as proof of this having been done. BUILDING A NEW HOUSE ON EMPTY PLOT Or BUILDING ADDITIONS TO EXISTING HOUSE AT NORMANDIE ESTATE A copy of the plan showing the existing extent of the property or (in the case of an existing house on property) a copy of the plan showing proof of Municipal Approval is needed by N.H.O.A. for their files. Requirements for building a new house on empty plot. This need not be done at the time of transfer but can be included if the matter is urgently required : Check List : 1 Payment of the required fees and building deposit must be paid to N.H.O.A. Details of these may be obtained from the Association, 2 architectural copies of the proposed new house plans (two coloured and three black and white which are prepared for the Municipal Building Section of Cape Town) of the New House to be developed, must first of all be submitted to N.H.O.A. for their endorsement and to obtain N.H.O.A. BUILDING RELEASE 3 The N.H.O.A. will endorse the 5 architectural plan/s, that show the proposed Building or footprint alteration/extensions, when their requirements have been fully Page 4 met. These, together with the N.H.O.A. BUILDING RELEASE, must then be submitted to the Municipality for their final approval before any building work is commenced. One of these copies will be kept by N.H.O.A. for record/archive purposes. IMPORTANT NOTICE : The inspection method also applies for additions/extensions to an existing normandie estate house, except that a copy of the original municipal approved plans are to be supplied. Should any unauthorised additions or extensions be discovered at time of inspection of the property, the seller is obliged to have such changes approved as an ‘as-built’ plan submission. Following the correct municpal procedures. Normandie home owners association reserves their constitutional rights and will insist on these proceedures for releasing approval/s. VOETSTOOTS CLAUSE The voetstoots clause, found in a sales agreement does not nullify the membership requirement/s applicable to the release from normandy home owners association. The property may only be transferred by the local deeds registration office, from the seller to the purchaser upon obtaining the written Normandie Home Owners Association’s TRANSFER RELEASE. S.K.Weber, CHAIRMAN For Normandie Home Owners Association.