Chianti Heights Body Corporate v Grant Hoffmeester

The applicant, Chianti Heights Body Corporate, is the body corporate of a sectional title scheme situated at Guldenland, Strand, Cape Town. The respondent, Grant Hoffmeester, is the owner of Unit 158 in the scheme and therefore a member of the body corporate. The body corporate alleged that the respondent had failed to pay levies and related charges as they became due. According to the applicant, as at 8 January 2024 the respondent's levy account reflected arrears of R8 917.70, comprising unpaid levies, interest, CSOS levies and debt collection fees. The applicant stated that monthly statements and letters of demand had been sent to the respondent's known email address, but no response was received. The matter was referred for adjudication under the Community Schemes Ombud Service Act after no response from the respondent and no resolution of the dispute. The respondent filed no submissions and did not participate in the proceedings.

• Whether the respondent, as an owner in the sectional title scheme, was liable to pay the outstanding levies and related charges claimed by the body corporate.
• Whether the applicant had established on a balance of probabilities that the respondent was in arrears in the amount of R8 917.70.
• Whether an order under section 39(1)(e) of the Community Schemes Ombud Service Act 9 of 2011 should be granted for payment of the arrear amount plus interest.
• Whether any deferred payment or instalment arrangement could be considered in the absence of evidence regarding the respondent's financial position.

The application was granted. The respondent was ordered to pay Chianti Heights Body Corporate R8 917.70 plus interest at the rate charged by the body corporate, within 60 days of the date of the order. No order as to costs was made.

An owner in a sectional title scheme is statutorily obliged under section 3(1)(c) of the Sectional Titles Schemes Management Act to pay levies and approved contributions. Where a body corporate proves, on a balance of probabilities, that levies are outstanding and the owner does not dispute the arrears, an adjudicator may grant an order under section 39(1)(e) of the CSOS Act for payment of the outstanding amount together with interest. In the absence of evidence regarding the debtor owner's financial position, no deferred payment arrangement need be made and the full amount may be ordered payable.

The adjudicator made broader observations on the purpose and importance of levies in sectional title schemes, noting that levies fund maintenance, municipal charges, insurance, administration and the overall sustainability of the scheme, and that defaulting owners are effectively subsidised by compliant owners. The adjudicator also remarked that a deferred payment order would ordinarily require an inquiry into the respondent's financial position and ability to pay, but such an inquiry was impossible because of the respondent's non-participation. No fuller obiter dicta of wider legal novelty appear from the order.

This adjudication reinforces the statutory obligation of sectional title owners to pay levies and confirms the power of the Community Schemes Ombud Service to grant monetary relief under section 39(1)(e) of the CSOS Act for unpaid levies. It is significant in community schemes jurisprudence because it illustrates that, where a body corporate provides documentary proof of arrears and the owner fails to dispute the claim, CSOS may grant payment of the full amount claimed with interest. The matter also highlights the practical consequence of a respondent's failure to participate: absent evidence justifying deferment or instalments, the full arrear debt may be ordered payable.