Clivia Gardens Body Corporate v Tsobole Vusi Jean

The applicant, Clivia Gardens Body Corporate, is a sectional title development seeking payment of outstanding levies from the respondent, Tsobole Vusi Jean, who owns unit D52 in the scheme. The respondent has failed to make regular payments and has not responded to requests for payment.

• Whether the respondent should be ordered to pay outstanding levies
• The application of the Community Schemes Ombud Service Act No.9 of 2011

The applicant, Clivia Gardens Body Corporate, has been granted an order for the payment of R8427.12 (eight thousand, four hundred and twenty-seven rand and 12 cent) in outstanding levies by the respondent, Tsobole Vusi Jean.

The court held that the body corporate is entitled to recover levies from unit owners as per section 3(2) of the Sectional Titles Schemes Management Act 8 of 2011 and Management Rule 21(3)(c). The non-payment can destabilize a scheme, affecting all members' collective interests.

The court noted that a member cannot withhold levies on grounds of disputing the necessity or financial wisdom of such levies. It also stated that parties are generally expected to cover their own costs in disputes determined under section 54 of the CSOS Act.

This case establishes that community schemes have the authority to recover levies from unit owners through the Community Schemes Ombud Service Act No.9 of 2011, even if the owner disputes the necessity or financial wisdom of such levies.