Trustees of River Park Body Corporate v B. Thomas

The applicant, the Trustees of River Park Body Corporate, brought a dispute-resolution application under section 38 of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act) seeking relief under section 39(1)(e) for payment of allegedly outstanding levies. The body corporate alleged that levy contributions for Unit 55 at River Park Body Corporate had been unpaid since February 2023 and that an amount of R8 320.55 was owing as at 8 August 2023. The respondent, B. Thomas, was described as the occupier of Unit 55 and the son of the deceased owner, who had allegedly inherited the unit and previously undertaken to pay levies. The respondent did not file any response despite being invited to do so. On the papers, however, it appeared that the unit had not yet been transferred into the respondent's name and that the registered owner was deceased. The adjudicator therefore considered whether the cited respondent, rather than the deceased estate, was the proper party liable for the arrear levies.

• Whether the applicant was entitled under section 39(1)(e) of the CSOS Act to an order directing the respondent to pay R8 320.55 in outstanding levies.
• Whether a person cited as an occupier and son of the deceased owner, but who had not yet taken transfer of the unit, was legally liable for levy arrears.
• Whether the claim for arrear levies should instead have been brought against the deceased owner's estate rather than the respondent as cited.

The application for an order under section 39(1)(e) directing the respondent to pay R8 320.55 in alleged arrear levies was dismissed. No order was made as to costs.

A body corporate seeking a payment order under section 39(1)(e) of the CSOS Act must establish that the cited respondent is the person legally liable for the levy debt. Where the cited respondent is merely the son of a deceased owner and the unit has not yet been transferred into his name, the body corporate cannot recover arrear levies from him in that capacity; the proper respondent is the deceased estate or other legally liable owner.

The adjudicator observed that owners in community schemes are contractually bound by scheme rules and that members of a body corporate are generally obliged to pay levies imposed by the trustees. The order also noted, by reference to the conduct rules, that owners may not withhold levy payments and that arrear levies may attract interest and collection costs. These observations were not decisive because the matter turned on the incorrect citation of the respondent rather than the general enforceability of levy obligations.

The decision is significant in community-schemes practice because it underscores that levy recovery proceedings must be brought against the legally liable party. Even where levies are clearly outstanding and the respondent does not oppose the matter, a body corporate must cite the proper debtor, ordinarily the owner or, where the owner has died, the deceased estate if transfer has not yet occurred. The case illustrates the importance of ownership status and proper citation in CSOS levy disputes.