Willowmore Heights Body Corporate v Jack Ntjeke Ditshego

The applicant, Willowmore Heights Body Corporate, brought an application under section 38 read with section 39(1)(e) of the Community Schemes Ombud Service Act 9 of 2011 for recovery of arrear levies and related amounts from the respondent, Jack Ntjeke Ditshego, the registered owner of Unit 18, Willowmore Heights, Benoni. The body corporate alleged that the respondent's levy account had fallen into arrears over the period 1 August 2022 to 9 November 2023. It initially reflected arrears of R8 046.28 as at 14 June 2023, later updated to R10 223.41 as at 9 November 2023. The applicant submitted a statement of account, manual reconciliation, and proof that the respondent remained resident in the unit. It also stated that various attempts had been made to resolve the matter through emails, SMS notifications and phone calls. The respondent filed no submissions, sought no extension, and the matter proceeded unopposed on the papers.

• Whether the respondent, as owner of a sectional title unit, was liable to the applicant body corporate for arrear levies in the amount claimed.
• Whether the applicant was entitled to interest at 2% per month on the overdue levy balance and continuing interest until payment in full.
• Whether the applicant was entitled to recover credit control charges and/or the managing agent's attendance costs in these proceedings.
• Whether it was just and equitable to structure payment of the arrears by instalments rather than require immediate payment in full.

The application succeeded in part. The adjudicator granted prayers (a) and (b), refused prayer (c), declared that the respondent is indebted to the applicant in the amount of R10 223.41 plus interest, and ordered the respondent to pay the debt in six equal monthly instalments of R1 703.90 commencing on 7 January 2024 until paid in full. The respondent was also ordered to pay current levies simultaneously with the arrears instalments. If the respondent defaults on due dates, the full outstanding amount becomes immediately due and payable. No order as to costs was made.

An owner of a sectional title unit is liable to pay levies raised by the body corporate, and the body corporate may recover arrear levies and authorised interest through a CSOS adjudication where the indebtedness is proved on a balance of probabilities. Interest on overdue levies may be awarded where supported by the applicable management rule and trustee resolution. However, legal or collection-related costs such as managing agent attendance costs are not recoverable in the absence of proof that they were agreed by the owner or taxed in accordance with the ordinary principles governing legal costs.

The adjudicator remarked that it was in the interests of justice and fairness to afford the respondent additional time to settle the arrear levies by instalments. The order also noted that the costs claimed under prayer (c) would only become due and payable when taxed and/or agreed to by the respondent. These observations were ancillary to the main finding on liability for levies and interest.

The decision reinforces within the CSOS adjudication framework that payment of levies is a necessary incident of sectional title ownership and that body corporates may recover arrear levies and authorised interest from owners through CSOS proceedings. It also illustrates an important limitation on additional recovery: legal or analogous collection costs, including managing agent attendance costs, will not be awarded absent proof that they were agreed to by the debtor or properly taxed. The order further demonstrates the adjudicator's equitable power to regulate the manner of payment by instalments while preserving the body corporate's right to immediate payment upon default.