Trustees of Chessington Body Corporate v Sibongile Success Prudence

The applicant, Trustees of Chessington Body Corporate, is the body corporate of a sectional title/community scheme. The respondent, Sibongile Success Prudence, is the registered owner of Unit 31, Chessington Place, 15 Bushbuck Street, Dawn Park, Boksburg, Gauteng. The body corporate alleged that the respondent had failed to pay levies due in respect of the unit. It sent reminders, final demand letters, and an email dated 6 July 2023 warning that the matter would be handed to CSOS if payment was not made. According to the applicant’s statement of account, the arrear balance as at 24 July 2023 was R17 661.96. The application was brought under section 38 read with section 39(1)(e) of the Community Schemes Ombud Service Act 9 of 2011 for an order compelling payment of current and outstanding levies. The respondent filed no submissions, sought no extension, and brought no condonation application, so the matter proceeded as unopposed on the papers.

• Whether the CSOS adjudicator had jurisdiction under sections 38 and 39(1)(e) of the CSOS Act to determine a dispute concerning unpaid levies in a community scheme.
• Whether the respondent, as registered owner of a sectional title unit, was liable to the body corporate for the outstanding levies claimed.
• Whether the body corporate was entitled to recover interest on overdue levy amounts under section 3(2) of the Sectional Titles Schemes Management Act read with management rule 21(3).
• Whether, despite the full amount being due, fairness and the interests of justice justified permitting payment of the arrears by instalments.

The application was upheld in relation to the prayer for payment of current and outstanding levies. The adjudicator ordered that: (a) the respondent is indebted to the applicant in the amount of R17 661.96; (b) the respondent must pay R2 943.66 per month for six months from receipt of the order; (c) the respondent must simultaneously pay current levies, with the first payment due on 1 November 2023; (d) if the respondent fails to pay on due date, the full outstanding amount becomes immediately due and payable; and (e) there is no order as to costs.

An owner of a sectional title unit is legally liable to the body corporate for levies as an incident of ownership, and a body corporate may obtain relief under section 39(1)(e) of the CSOS Act for payment of arrear and current levies. Where the body corporate provides uncontested proof of indebtedness, and the owner does not oppose the matter, the adjudicator may grant an order for payment, including interest where authorised under the STSMA and management rules. The adjudicator may also regulate the manner of payment in the interests of justice.

The adjudicator’s statement that it was in the interests of justice and fairness to allow the respondent additional time to settle the arrears by instalments was ancillary to the core finding of liability. The references to general principles about assessing relevance, credibility, reliability, and proof on a balance of probabilities were also general observations rather than independently dispositive legal rulings.

The decision illustrates the CSOS’s role in providing a statutory, paper-based dispute resolution mechanism for body corporates seeking recovery of unpaid levies from owners. It reaffirms a core principle of South African sectional title law: levy liability is inseparable from ownership of a unit. It also shows that while CSOS may enforce levy obligations strictly, an adjudicator may craft equitable repayment terms where fairness so requires.