Tamia Metelerkamp obo St. Andrews Court Body Corporate v Princess Nsibande

The applicant, Tamia Metelerkamp acting on behalf of St. Andrews Court Body Corporate, a registered sectional title scheme in Bromhof, Randburg, brought an application under the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act) against the respondent, Princess Nsibande, the registered owner of unit 8 in the scheme. The body corporate alleged that the respondent had failed to pay levy contributions imposed by the body corporate, resulting in arrears of R121 404.45. A contribution statement and breakdown of the levies for unit 8 were submitted in support. The respondent stated that she had been unemployed for some years except for temporary work, and complained that services were not being rendered at the scheme. She also proposed paying municipal service charges directly to the local authority. Conciliation failed, a certificate of non-resolution was issued, and the matter proceeded to adjudication on the papers.

• Whether the CSOS had jurisdiction to determine the dispute and grant relief under section 39(1)(e) of the CSOS Act.
• Whether the respondent, as owner and member of the sectional title scheme, was liable to pay the outstanding levy contributions claimed by the body corporate.
• Whether the respondent's unemployment, dissatisfaction with services, or proposal to pay municipal charges directly excused or reduced her obligation to pay levies to the body corporate.
• Whether a cost order should be made in the adjudication.

The application was granted. The respondent was ordered to pay arrear levy contributions of R121 404.45 in full on or before 31 March 2024. No order as to costs was made.

A body corporate is entitled, in terms of its statutory functions under the STSMA and the CSOS Act, to recover duly raised levy contributions from a unit owner through CSOS adjudication under section 39(1)(e). A unit owner's dissatisfaction with services rendered, disagreement with the levies, or personal financial hardship does not extinguish or suspend the legal obligation to pay levies validly imposed by the body corporate.

The adjudicator observed that non-payment of levies can seriously destabilise a scheme and negatively affect the collective interests and investments of all owners, noting that levies are the 'lifeblood' of shared living schemes. The adjudicator also commented generally that costs orders are not usually made in section 54 adjudications, unlike in matters dismissed under section 53 for being frivolous, vexatious, misconceived, or without substance.

This adjudication reinforces a central principle of South African sectional title law: owners remain obliged to pay duly raised levy contributions and may not withhold payment because of complaints about services, management, or the wisdom of the body corporate's expenditure. It also illustrates the CSOS's role as a statutory forum for recovering arrear levies under section 39(1)(e) of the CSOS Act after failed conciliation.