Sunnyridge Court Body Corporate v N & KT Tshishanga

The applicant, Sunnyridge Court Body Corporate, is the body corporate of a registered sectional title scheme situated in Sunnyridge, Johannesburg. The respondent, N & KT Tshishanga, is the owner of unit 14 in the scheme and therefore a member of the body corporate. The body corporate alleged that the respondent failed to pay levy contributions due to the scheme, resulting in arrears of R7,421.40 as reflected on the May 2023 statement. The applicant submitted a breakdown of the contribution statement and stated that internal remedies had been exhausted. The matter was first processed through the CSOS dispute-resolution framework; after conciliation failed, a certificate of non-resolution was issued and the dispute was referred for adjudication. The respondent did not respond to the section 43 notice inviting submissions.

• Whether the CSOS had jurisdiction under sections 38 and 39(1)(e) of the Community Schemes Ombud Service Act 9 of 2011 to determine the levy dispute.
• Whether the body corporate had established, on a balance of probabilities, that the respondent owed arrear levy contributions of R7,421.40.
• Whether a body corporate is entitled under section 3(2) of the Sectional Titles Schemes Management Act 8 of 2011 to recover levy contributions from an owner through a CSOS application.
• Whether any costs order should be made in the adjudication.

The application was granted. The respondent was ordered to pay arrear levy contributions of R7,421.40 to the applicant by 30 September 2023. No order as to costs was made.

A body corporate in a sectional title scheme may recover unpaid levy contributions from a unit owner through CSOS under section 39(1)(e) of the CSOS Act, provided the contributions were duly raised under the statutory management framework and the indebtedness is proved on a balance of probabilities. Non-payment of levies undermines the operation of the scheme, and an owner cannot avoid payment merely by failing to engage in the proceedings or by disputing the wisdom of the levy decision.

The adjudicator observed that levies are the 'lifeblood' of shared living schemes and that non-payment can seriously destabilise a scheme and prejudice the collective interests of owners. The adjudicator also remarked generally on costs in CSOS matters, noting that parties are ordinarily expected to bear their own costs and that costs orders are more commonly associated with dismissals under section 53 in frivolous or non-compliant matters.

This decision reinforces the enforceability of body corporate levy obligations through the CSOS adjudication process. It confirms that levy disputes are squarely within CSOS jurisdiction under section 39(1)(e) and underscores the principle in sectional title governance that owners may not simply withhold levies. The order is significant in the practical administration of community schemes because it affirms the body corporate's statutory power to recover contributions necessary for the scheme's functioning and financial stability.