Trustees of Bellair Body Corporate v Nomntu J. Mini

The applicant, the Trustees of Bellair Body Corporate, brought an application under sections 38 and 39(1)(e) of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act) against the respondent, Nomntu J. Mini, the registered owner of unit 12 at Bellair, 64 Strand Street, Bellville, Cape Town. The body corporate alleged that the respondent had failed to make regular levy payments, with the last payment having been made on 31 December 2022. Initially, the body corporate claimed arrear levies, contributions, charges and interest in the sum of R11 773.18, and stated that it had contacted the respondent telephonically, sent emails with statements of indebtedness, and issued a final demand without success. The applicant also confirmed that it had passed a written resolution authorising its managing agent to lodge the CSOS dispute. The respondent filed no submissions despite being invited to do so. At the adjudicator’s request, the applicant submitted an updated invoice showing that by 17 October 2023 the amount owing had increased to R15 927.00.

• Whether the respondent, as owner of a unit in the sectional title scheme, was legally obliged under the STSMA and the conduct rules to pay monthly levies and contributions to the body corporate.
• Whether the applicant had proved on a balance of probabilities that the respondent was in arrears and liable for the claimed amount.
• Whether relief under section 39(1)(e) of the CSOS Act should be granted ordering payment of the arrear levies, contributions and charges.
• Whether the adjudicator could order payment of the updated amount reflected in the amended invoice, namely R15 927.00.

The application was granted. The respondent was ordered to pay R15 927.00 to the applicant in six equal instalments of R2 654.50, commencing on 1 December 2023 and thereafter on the first day of each month until 1 May 2024. The order does not affect the respondent’s ongoing obligation to pay regular monthly levies and ancillary charges. No interest would accrue during the permitted repayment period, but if the respondent failed to comply with the instalment arrangement, the full outstanding amount would become immediately payable. No order as to costs was made.

A unit owner in a sectional title scheme is legally obliged under the STSMA and applicable scheme rules to pay levies and contributions when due, and a body corporate is entitled to recover those amounts through CSOS proceedings under section 39(1)(e) of the CSOS Act. Where the body corporate proves arrears on a balance of probabilities and the owner provides no contrary version, an adjudicator may grant a payment order for the outstanding amount.

The adjudicator observed that owners who do not pay levies are effectively subsidised by compliant owners and that such non-payment places undue pressure on the body corporate’s administration of the scheme. The adjudicator also remarked, with reference to Zikhalala v Selma Court, that a body corporate may not compromise its obligation to collect lawfully due levies and contributions. These comments provided context and policy justification for strict enforcement, but were not strictly necessary beyond the finding that the respondent was indebted.

The matter illustrates the CSOS enforcement mechanism for recovery of arrear levies in sectional title schemes and reaffirms the statutory duty of unit owners to pay contributions to the body corporate. It underscores that bodies corporate rely on levy collection to discharge their statutory functions under the STSMA and that non-paying owners prejudice the scheme and other owners. The decision also reflects the practical willingness of CSOS adjudicators to grant payment relief while structuring repayment terms where appropriate.