Trustees of Cherere Body Corporate v Mr VM Kunda

The applicant, Trustees of Cherere Body Corporate, a community scheme under the Community Schemes Ombud Service Act (CSOS Act), sought an order for the payment or re-payment of a contribution from Mr VM Kunda, who is the registered owner of unit 5 at the Cherere Body Corporate. The respondent failed to pay levies that were due and outstanding as of February 23, 2024, amounting to R45,458.19.

• Whether Mr VM Kunda is indebted to the applicant for the unpaid levies
• The appropriate order to compel payment or re-payment of a contribution

The relief sought by the applicant was granted in terms of section 39(1)(e) of the CSOS Act. The respondent was ordered to pay the outstanding amount in twelve equal monthly instalments starting from April 1, 2024.

The court held that the respondent is indebted to the applicant in the amount as claimed, based on a balance of probabilities. The order for payment was granted under section 39(1)(e) of the CSOS Act.

The adjudicator noted that relief sought for the sale in execution falls outside the ambit of the CSOS Act and is not within its jurisdiction.

This case highlights the enforcement mechanisms available under the Community Schemes Ombud Service Act for community schemes to recover unpaid levies from unit owners. It also underscores the importance of timely and consistent payment by unit owners to ensure the financial stability of the scheme.