Camberley Court Body Corporate v LGM Mahlangu

The applicant, Camberley Court Body Corporate, brought an application under sections 38 and 39(1)(e) of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act) against the respondent, LGM Mahlangu, the registered owner of unit 209 in Camberley Court, Dinwiddie, Johannesburg. The body corporate alleged that the respondent was indebted to it for arrear levies in the amount of R43 249.68. It submitted a statement of account and a resolution relating to interest, and stated that the respondent had been sent numerous emails and text messages demanding payment but had not responded. The matter was referred to adjudication after a certificate of non-resolution was issued. The respondent failed to file submissions despite being invited to do so.

• Whether the respondent, as registered owner of a unit in the sectional title scheme, was liable to the body corporate for arrear levies.
• Whether the applicant had established, on a balance of probabilities, that the respondent owed R43 249.68 in arrear levies.
• Whether an order should be granted under section 39(1)(e) of the CSOS Act for payment of the outstanding amount.
• Whether the respondent should be afforded time to pay the arrears by instalments rather than being ordered to make immediate full payment.

The application was upheld. The respondent was declared indebted to the applicant in the amount of R43 249.68 for arrear levies; ordered to pay R6 500.00 monthly from the end of September 2023 until the arrears were paid in full; no interest would accrue during that payment period; the amount excluded ongoing monthly levies; and if any instalment was missed, the full outstanding balance would immediately become due and payable with applicable interest from the date of default. No order as to costs was made.

A registered owner in a sectional title scheme is, by virtue of ownership, a member of the body corporate and is liable for contributions and levies properly raised under the Sectional Titles Schemes Management Act 8 of 2011. Where the body corporate produces uncontested account records showing arrear levies, and the respondent fails to rebut that evidence, the adjudicator may, under section 39(1)(e) of the CSOS Act, order payment of the arrears. The adjudicator may also regulate the manner of payment by instalments where this is fair and just.

The adjudicator observed that in matters of this kind it is common to order respondents to settle outstanding levies within a matter of weeks so as not to prejudice the body corporate. The adjudicator also remarked, without condoning the respondent's non-payment, that fairness and the interests of justice justified granting additional time to pay. These comments were ancillary to the core finding of indebtedness.

The matter illustrates the CSOS adjudication process as an accessible statutory mechanism for bodies corporate to recover arrear levies from unit owners. It confirms the basic principle in sectional title law that ownership of a unit carries compulsory membership of the body corporate and liability for duly raised levies. It is also significant in showing that, while CSOS will enforce levy obligations, an adjudicator may structure repayment terms in the interests of fairness without extinguishing the underlying debt.