Karen Davids OBO Lonemeadow Body Corporate v Adoh Emeka Victor

The applicant, Karen Davids (acting on behalf of Lonemeadow Body Corporate as managing agent), applied to the Community Schemes Ombud Service for relief under section 39(1)(e) of the CSOS Act. The respondent, Adoh Emeka Victor, is the registered owner of unit 28F in the Lonemeadow sectional title scheme (SS 168/1991) in Sandton, Gauteng. The body corporate alleges that the respondent has failed to pay levies for his unit, accruing an outstanding amount of R18,444.35, including interest at 2% per month. The applicant submitted a levy contribution statement and sought an order for payment. The respondent did not respond to the notice under section 43 of the CSOS Act, and internal remedies were exhausted. Conciliation failed, and the matter was referred to an adjudicator under sections 48‑51 of the CSOS Act. The adjudication hearing was held on 10 January 2024.

• Whether the respondent is liable to pay the outstanding levy contributions and interest under the CSOS Act and the Sectional Titles Schemes Management Act (STSMA).
• Whether the adjudicator may grant an order for payment under section 39(1)(e) of the CSOS Act based on the evidence presented.
• Whether any costs order should be made against either party.

The adjudicator ordered the respondent to pay the outstanding levy contributions of R18,444.35 in full on or before 29 February 2024. No order as to costs was made.

A body corporate may recover unpaid levies and statutory interest where a valid trustee resolution has been passed; the applicant must prove the debt on a balance of probabilities, and the adjudicator may grant an order for payment under section 39(1)(e) of the CSOS Act when the evidence is sufficient.

The adjudicator referred to the precedent Body Corporate of Fish Eagle v Group Twelve Investments (Pty) Ltd, noting that a member cannot withhold levies on the basis of disputing the necessity of the levy. The judgment also commented on the limited circumstances in which costs may be awarded in CSOS adjudications and highlighted the investigative powers of the adjudicator under section 51 of the CSOS Act.

The case illustrates the enforceability of levy obligations in sectional title schemes through the CSOS adjudication process, confirming that non‑payment cannot be used as a bargaining tool and that interest may be charged in accordance with Management Rules and the National Credit Act. It reinforces the jurisdiction of the CSOS and the burden of proof on the applicant in levy disputes.