Trustees of Clivia Body Corporate v Gaboutloeloe Mooketsi

The applicant, the Trustees of Clivia Body Corporate, a sectional title body corporate and community scheme situated in Pretoria, brought a dispute-resolution application under section 38 of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act) against the respondent, Mr Gaboutloeloe Mooketsi, the owner of unit 52. The body corporate alleged that as at 1 November 2023 the respondent was in arrears with levies or other contributions in the amount of R3 365.37. The applicant sought payment of the capital amount owing, as well as relief relating to execution against immovable property or attachment of rental income, and costs. The respondent did not file a response despite a section 43 notice. The matter proceeded on the papers after conciliation failed and a certificate of non-resolution was issued.

• Whether the applicant body corporate had established entitlement under section 39(1)(e) of the CSOS Act to an order for payment of arrear contributions or other amounts owing by the respondent.
• Whether the adjudicator could grant relief for execution against immovable property or attachment of rental income on the facts presented and within the scope of section 39 of the CSOS Act.
• Whether a costs order should be granted in the CSOS adjudication process.

The application succeeded in part. The prayers for execution against immovable property/attachment of rental income and for costs were dismissed. The applicant succeeded on its section 39(1)(e) claim, and the respondent was ordered to pay the applicant R3 365.37 within 30 days of the award. No order as to costs was made.

A body corporate that proves arrear contributions or other amounts due by a unit owner is entitled to relief under section 39(1)(e) of the CSOS Act for payment of those arrears. CSOS adjudicators may grant only those remedies authorised by section 39 of the Act; relief outside that statutory framework, including execution against immovable property, cannot be granted. Relief such as attachment of rental income requires proper factual and procedural foundation, including citation of affected persons where necessary.

The adjudicator made broader observations that CSOS is the primary forum for community-scheme disputes and that courts may decline to entertain such matters as a forum of first instance save in exceptional circumstances. The adjudicator also commented on CSOS circulars relating to audited financials, voting rights despite levy arrears, access to property, and the general approach to costs in community-scheme disputes. These remarks were ancillary to the core determination of the levy claim.

The decision is significant in community schemes jurisprudence because it illustrates the scope of CSOS adjudicators’ powers under section 39 of the CSOS Act. It confirms that CSOS is the primary statutory forum for levy disputes in sectional title schemes and that body corporates may obtain payment orders for arrear contributions through the ombud process. At the same time, it underscores that adjudicators are confined to the remedies expressly authorised by section 39 and cannot grant relief such as execution against immovable property unless such relief falls within their statutory competence. The ruling also reflects the contractual and regulatory foundation of levy obligations in sectional title schemes.