Thornhill Body Corporate v Anesh Armaidas

Thornhill Body Corporate, a sectional title scheme in Hartbeespoort, North West, applied to the Community Schemes Ombud Service for adjudication of unpaid levy contributions owed by unit owner Anesh Armaidas (owner of unit 4). The applicant alleged that the respondent had failed to pay levies amounting to R30,409.81 despite notice under section 43 of the CSOS Act and that internal remedies had been exhausted. The matter was referred to an adjudicator after conciliation failed, and the adjudicator was asked to determine whether the levy debt was recoverable under section 39(1)(e) of the CSOS Act.

• Whether the respondent is liable to pay the outstanding levy contributions under the CSOS Act and the Sectional Titles Schemes Management Act (STSMA).
• Whether the applicant has discharged the onus of proof on a balance of probabilities for the levy debt.
• Whether an order for payment of the levy debt can be granted under section 39(1)(e) of the CSOS Act.
• Whether any costs order should be made against either party.

The adjudicator ordered the respondent, Anesh Armaidas, to pay the outstanding levy contributions of R30,409.81 to Thornhill Body Corporate, payable in full on or before 29 February 2024. No order as to costs was made.

A body corporate may recover unpaid levy contributions by applying to the Community Schemes Ombud Service under section 39(1)(e) of the CSOS Act; the applicant bears the onus of proving the debt on a balance of probabilities, and once satisfied, the adjudicator must order payment of the levy debt.

The adjudicator referred to the Fish Eagle case to emphasise that members cannot withhold levies on the basis of a dispute over their necessity. He also noted that interest on overdue levies may be charged pursuant to Management Rule 21(3)(c) and the National Credit Act, and explained that costs orders are generally not made in CSOS adjudications unless the application is frivolous, vexatious or the applicant fails to comply with procedural requirements.

The case confirms the enforceability of levy contributions under the CSOS Act and STSMA, illustrating that a body corporate may obtain a judgment for unpaid levies through CSOS adjudication. It reinforces that levy non‑payment cannot be withheld on the basis of a dispute over the levy’s merit and clarifies the evidential burden on the body corporate. The decision also provides guidance on cost orders in CSOS adjudications.