Crescendo Body Corporate v Mabio Potego Benedict

Crescendo Body Corporate, a registered sectional title scheme development, applied for an adjudication order in terms of the CSOS Act to recover outstanding levies from Mabio Potego Benedict, who is the owner of unit 153. The respondent failed to make regular payments and has not responded to the application or allegations made against him.

• Whether the applicant is entitled to an order for the payment of a contribution in terms of section 39(1)(e) of the CSOS Act.

The applicant's relief sought was granted for the payment of arrear levy contributions in the amount of R20 850.98 (twenty thousand, eight hundred and fifty rand and 98 cent), which is payable in full on/before 31 March 2024.

The court held that a member cannot withhold levies on the grounds that they dispute the necessity or financial wisdom of the decision to impose such levies. The failure to pay levies can destabilize a scheme and negatively affect collective interests, making regular payment essential for all members.

The adjudicator noted that the respondent has also failed to respond to the CSOS section 43 Notice issued on 30 August 2023, which resulted in the referral of this dispute for adjudication.

This case highlights the enforcement mechanisms available under the CSOS Act for community schemes to recover outstanding levies from members, emphasizing the importance of compliance with financial obligations within such schemes.