Trustees of Aurora Body Corporate v Ivy Nkomo

The applicant, Trustees of Aurora Body Corporate, acting through its managing agent PAL Property Management, brought an application under section 38 of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act) against the respondent, Ivy Nkomo, the owner of Unit 08 in the Aurora sectional title scheme in Linden, Randburg. The body corporate alleged that the respondent had not paid any levies since occupying the unit for approximately four months and that despite email and WhatsApp communications, no payment or response was received. The applicant sought an order under section 39(1)(e) of the CSOS Act compelling payment of arrear levies in the amount of R12 938.22. The respondent filed no submissions despite being invited to do so. The matter was determined on the papers without an oral hearing, in accordance with the applicable CSOS practice directives.

• Whether the respondent, as owner of a unit in the sectional title scheme, was liable to pay the body corporate's levies/contributions.
• Whether the CSOS adjudicator had authority under section 39(1)(e) of the CSOS Act to order payment of arrear levies.
• Whether the applicant had proved on a balance of probabilities that the respondent was in arrears in the amount of R12 938.22.
• What payment arrangement and ancillary terms should be ordered in relation to the arrear amount.

The application was granted. The respondent was declared indebted to the applicant in the amount of R12 938.22 for arrear levies and was directed to pay that amount in monthly instalments. The order provided that no further interest would accrue during the payment period, that the order did not affect the respondent's ongoing obligation to pay current monthly levies and ancillary charges, and that if the respondent defaulted on any instalment the full outstanding balance would become immediately due and payable. No order as to costs was made.

A unit owner in a sectional title scheme is a member of the body corporate and is liable for levies/contributions properly raised by the trustees under the Sectional Titles Schemes Management Act. Section 39(1)(e) of the CSOS Act empowers a CSOS adjudicator to order payment of such arrear contributions where the body corporate proves the indebtedness on a balance of probabilities. In the absence of a rebuttal by the owner, a levy statement evidencing the arrears is sufficient to justify an order for payment.

The adjudicator observed that under Prescribed Management Rule 21(3)(c), a body corporate may, with written trustee authority, charge interest on overdue amounts, subject to the statutory cap. The adjudicator also referred to Body Corporate of Central Park v Makhalele Mosa Case No. A3064/2021 as confirming that liability for normal levies accrues from the passing of the relevant trustee resolution. These remarks supported the reasoning but were not necessary beyond the direct finding of liability and the specific payment order granted.

This decision illustrates the CSOS adjudication mechanism for the recovery of arrear levies in sectional title schemes. It reaffirms that unit owners are members of the body corporate and are statutorily liable for levies properly raised by trustee resolution, and that such debts may be enforced through the Ombud service under section 39(1)(e) of the CSOS Act. It also shows the practical use of paper-based adjudication and the adjudicator's ability to fashion repayment terms while suspending further interest for a defined period.