Klaburn Court Body Corporate v Nonceba L Dumisa

The applicant, Klaburn Court Body Corporate, is the body corporate of a sectional title scheme. The respondent, Nonceba Lucia Dumisa, is the registered owner of Unit 22, Klaburn Court, Krugersdorp, Gauteng. The body corporate alleged that the respondent had failed to pay levies due in terms of sectional title law and the scheme’s obligations, despite several telephonic and written demands. As at 31 August 2023, the respondent’s arrear levy account stood at R2 045.56. The applicant submitted a statement of account in support of the indebtedness and sought relief under s 39(1)(e) of the Community Schemes Ombud Service Act 9 of 2011 for payment of the outstanding amount. The matter was referred directly to adjudication on the papers. The respondent filed no submissions, sought no extension, and the matter proceeded unopposed.

• Whether the applicant body corporate was entitled under the CSOS Act to an order for payment of outstanding levies by the respondent owner.
• Whether the evidence presented by the applicant established, on a balance of probabilities, that the respondent was indebted in the amount of R2 045.56.
• Whether it was appropriate for the adjudicator to structure repayment by instalments rather than require immediate payment of the full arrear amount.

The application was upheld in relation to payment of arrear levies. The adjudicator ordered that: (a) the respondent is indebted to the applicant in the amount of R2 045.56; (b) the respondent must pay R1 022.78 for a period of two months from receiving the order; (c) the respondent must simultaneously pay current levies, with the first payment due on 1 November 2023; (d) if the respondent fails to make payment on the due date of the levy account, the full outstanding amount becomes immediately due and payable; and (e) there is no order as to costs.

An owner of a sectional title unit is liable for levy contributions as an incident of ownership, and a body corporate is entitled under s 39(1)(e) of the CSOS Act to obtain an adjudication order compelling payment of arrear levies where the indebtedness is established on a balance of probabilities. In an unopposed matter, uncontested documentary proof such as a statement of account may suffice to establish the debt.

The adjudicator’s remarks that it was in the interests of justice and fairness to grant the respondent additional time to settle the arrears, and the decision to permit payment in two instalments rather than immediate full payment, were discretionary observations concerning the manner of enforcement rather than the core basis of liability.

The matter illustrates the CSOS adjudication process as an accessible enforcement mechanism for body corporates seeking recovery of unpaid levies from owners in sectional title schemes. It reaffirms a well-established principle in South African sectional title law: liability for levies attaches to ownership of a unit and a body corporate is legally obliged to collect such contributions to meet scheme obligations. The order also shows that, even where liability is clearly established, an adjudicator may temper relief by allowing structured repayment in the interests of fairness.