Pelican Lofts Body Corporate v Benny Motsoeri

The Pelican Lofts Body Corporate, a community scheme registered under the Community Schemes Ombud Service Act 9 of 2011, applied for adjudication against unit owner Benny Motsoeri for levy arrears amounting to R79,826.40. The body corporate alleged that the respondent was in arrears with levies and utility contributions, threatening the scheme’s ability to pay municipal accounts. The respondent failed to submit any written response or defence. The adjudicator, after considering the statutory framework and the applicant’s evidence, found the respondent liable for the arrears and ordered payment in instalments.

• Whether the unit owner is liable for levy arrears under the Sectional Titles Schemes Management Act and the Community Schemes Ombud Service Act
• Whether the adjudicator may order payment of the arrears, including instalment arrangements, under section 39(1)(e) of the CSOS Act
• Whether costs should be awarded

The respondent is ordered to pay the body corporate R79,826.40 in levy arrears, payable in ten equal monthly instalments of R7,982.64 commencing 1 December 2023. If any instalment is missed, the full balance becomes immediately due. No costs are awarded.

An owner of a sectional title unit becomes liable for levy contributions as soon as ownership is registered; the body corporate may recover arrears through adjudication under section 39(1)(e) of the CSOS Act, and the adjudicator may order payment in instalments with a default clause for non‑payment.

None noted; the adjudicator relied on statutory provisions and binding case law without additional non‑binding commentary.

The decision reinforces the enforceability of levy obligations in community schemes, confirming that owners are liable for arrears upon registration of ownership. It illustrates the adjudicator's authority under the CSOS Act to grant monetary orders and instalment arrangements, providing a practical mechanism for bodies corporate to recover unpaid contributions. The case serves as a reference for future disputes involving levy arrears in sectional title schemes.