Trustees of Cayenne Close Body Corporate v Lawrence Mashabela

The applicant, the Trustees of Cayenne Close Body Corporate, brought an application under section 38 of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act) against the respondent, Lawrence Mashabela, an owner within the scheme. The body corporate alleged that the respondent had failed to pay monthly levies and had fallen into arrears, causing financial strain to the scheme. The applicant relied on a levy statement showing arrear levies of R18 028,70 calculated up to 31 August 2023. The respondent was invited to file a response but failed to do so by the deadline and provided no explanation. A certificate of non-resolution was issued after conciliation failed, and the matter was referred to adjudication on the papers.

• Whether the applicant body corporate was entitled, under section 39(1)(e) of the CSOS Act, to an order compelling the respondent to pay outstanding levies.
• Whether the evidence submitted by the applicant established on a balance of probabilities that the respondent owed R18 028,70 in arrear levy contributions.
• Whether an owner in a sectional title/community scheme is legally obliged to pay levies validly raised by the body corporate.

The application was upheld. The respondent was ordered to pay the applicant R18 028,70 in outstanding levies in 6 equal instalments of R3 004,78 commencing on 1 October 2023, with the final instalment due on 1 April 2024. If the respondent defaults, the full outstanding amount becomes immediately due and payable. No order as to costs was made.

A body corporate may obtain relief under section 39(1)(e) of the CSOS Act for payment of outstanding levies where it proves, on a balance of probabilities, that the owner owes duly raised contributions. In terms of section 3 of the Sectional Titles Schemes Management Act, owners in a sectional title scheme are obliged to contribute to the body corporate's funds, and those contributions are enforceable through CSOS adjudication.

The adjudicator observed generally that owners who elect to buy into community schemes voluntarily bind themselves to the scheme rules and restrictions, citing Mount Edgecombe Country Club Estate Management Association Two (RF) NPC v Singh and Others. The adjudicator also remarked that the respondent appeared unwilling, for whatever reason, to pay the levies. These observations were supportive of the reasoning but not strictly necessary beyond the finding that the arrears were proved and payable.

The decision affirms the CSOS's role as an accessible statutory forum for recovery of unpaid levies in community schemes. It reinforces the principle in South African community schemes law that owners are bound by the scheme's governance framework and are obliged to pay duly raised levies. The case also illustrates that, where a respondent fails to participate, an adjudicator may grant relief on the papers if the applicant's evidence establishes the debt on a balance of probabilities.