Michelle Kruger OBO Hamburg Body Corporate v ES Tebele

The applicant, Michelle Kruger as the managing agent and representative of the Hamburg Body Corporate, a sectional title development scheme in Krugersdorp, Gauteng, sought an order for the payment of outstanding levies from unit owner ES Tebele. The respondent failed to make regular payments over a period, with the total amount owed being R43 801.58 inclusive of interest at 24% per annum.

• Whether the respondent is liable for the payment of outstanding levies
• The application's compliance with relevant statutory provisions

The application was granted, with a detailed repayment plan ordered.

The court held that the body corporate has the authority to levy contributions from unit owners, and that non-payment can lead to serious destabilization of the scheme. The applicant discharged the onus of proof on a balance of probabilities.

The court noted that members cannot withhold levies based on disputes over their necessity or financial wisdom.

This case establishes the enforceability of levies in sectional title schemes and highlights the consequences of non-payment on other members' interests. It also underscores the role of the Community Schemes Ombud Service (CSOS) in resolving disputes within community schemes.