Trustees of Le Club Body Corporate v Ronelle Ann Solomons

The applicant, the Trustees of Le Club Body Corporate, is the body corporate of a sectional title/community scheme. The respondent, Ronelle Ann Solomons, is the registered owner of Unit 10 in Le Club Body Corporate, Sandton. The body corporate alleged that the respondent had fallen into arrears with monthly levies and that the arrears, including interest charged under the scheme’s conduct and management rules, totalled R84 093.00 as at 1 November 2023. The applicant sought relief under s 39(1)(e) of the Community Schemes Ombud Service Act 9 of 2011 for payment of the outstanding amount. The respondent did not file a substantive response disputing liability, but indicated that she could only afford to pay R2 500.00 per month to settle the debt. A certificate of non-resolution was issued and the matter proceeded to paper-based adjudication before the CSOS adjudicator.

• Whether the respondent, as owner of a unit in the sectional title scheme, was liable to pay the outstanding levies claimed by the body corporate.
• Whether the applicant had established, on a balance of probabilities, that the amount of R84 093.00 was due and payable, including interest.
• Whether the CSOS adjudicator was empowered under s 39(1)(e) of the CSOS Act to order payment of outstanding levies and related interest.
• Whether the respondent’s failure to meaningfully oppose the claim justified granting the order sought.
• What payment terms should be imposed for settlement of the arrear levies.

The application was upheld. The respondent was ordered to pay the applicant R84 093.00 in outstanding levies in 10 equal instalments of R8 409.30 from 1 January 2024, with the final instalment due on 1 October 2024. If the respondent failed to make payments, the full outstanding amount would immediately become due and payable. No order as to costs was made.

An owner of a unit in a sectional title scheme is legally obliged, by virtue of ownership and the statutory and rule-based framework governing the body corporate, to pay duly levied contributions and applicable interest. Where a body corporate proves arrears on a balance of probabilities and the owner does not dispute liability, a CSOS adjudicator may grant an order under s 39(1)(e) of the CSOS Act compelling payment of the outstanding levies and interest, and may regulate the manner of payment by instalments.

The adjudicator’s broader references to the contractual nature of membership of community schemes, the general powers of bodies corporate to recover legal costs, and the appeal process under s 57 of the CSOS Act were not strictly necessary to deciding the narrow issue of liability for the proven arrear levies. The remarks that the respondent appeared 'unwilling' to pay, despite the indication of limited affordability, were also not essential to the legal conclusion.

This adjudication reaffirms in the community schemes context that levy liability attaches to ownership of a sectional title unit and can be enforced through CSOS under s 39(1)(e). It illustrates the Ombud Service’s role as a statutory forum for recovery of arrear levies and confirms that scheme rules and trustee resolutions, read with the STSMA, create enforceable obligations on owners. It is also practically significant because it shows that even where liability is not disputed but affordability is raised, CSOS may still grant the body corporate substantive relief while structuring payment by instalments.