Trustees of The Views Body Corporate v Sizwe Donald Mange

The applicant, the Trustees of The Views Body Corporate, is the body corporate of a sectional title scheme situated at 44 Sydney Road, Eveleigh, Boksburg, Gauteng. The respondent, Sizwe Donald Mange, is the registered owner of unit 12 in the scheme. The body corporate alleged that the respondent had failed to pay levies and related charges, with a levy statement reflecting arrears of R43 764.58 as at 8 August 2023, covering indebtedness from 1 November 2022. The applicant stated that the respondent paid levies only intermittently and had not regularised the account despite being given opportunities to make payment arrangements and despite attempts by the scheme to resolve the matter internally through email and personal contact. The respondent filed no response to the section 43 notice and made no final written submissions. The matter proceeded on the papers under the CSOS dispute-resolution process.

• Whether the CSOS adjudicator had grounds under section 39(1)(e) of the Community Schemes Ombud Service Act 9 of 2011 to order payment of outstanding levies and ancillary amounts owed by the respondent.
• Whether the applicant had proved, on a balance of probabilities, that the respondent was indebted to the body corporate in the amount of R43 764.58.
• Whether interest and ancillary charges on the respondent's account were lawfully levied in terms of the Sectional Titles Schemes Management Act 8 of 2011 and the prescribed management rules.
• What repayment terms should be ordered in relation to the respondent's levy arrears.

The application was granted. The adjudicator declared that the respondent is indebted to the applicant in the amount of R43 764.58 in respect of levies and ancillary amounts, including monthly CSOS levies, as at 8 August 2023. The respondent was ordered to pay this amount in 12 equal monthly instalments of R3 647.05, commencing on 1 March 2024, with the remaining 11 instalments due on the first day of each succeeding month. The order does not affect the respondent's ongoing obligation to pay regular monthly levies and ancillary charges. No interest shall accrue on the outstanding amount during the instalment period. If the respondent defaults on any instalment, the full amount becomes immediately due and payable. There was no order as to costs.

A body corporate in a sectional title scheme is entitled, under section 39(1)(e) of the CSOS Act read with sections 2 and 3 of the STSMA and the prescribed management rules, to obtain an order compelling a unit owner to pay outstanding levies and lawfully charged ancillary amounts where the indebtedness is proved on a balance of probabilities. Levies become due and payable monthly in accordance with the body corporate's resolutions, and an owner's failure to dispute the claim or place contrary evidence before the adjudicator permits the adjudicator to grant payment relief based on the applicant's documentary proof.

The adjudicator observed that unit owners who default on levy payments are effectively subsidised by owners who pay conscientiously, and that a body corporate cannot perform its functions and duties without funds from unit owners. These comments explain the policy rationale for strict levy enforcement but were not strictly necessary to the finding on indebtedness. The adjudicator also remarked that by buying into a community scheme, owners commit themselves to paying levies and should abide by that commitment.

The matter illustrates the CSOS's role in enforcing body corporate levy obligations through paper-based adjudication under the CSOS Act. It reaffirms that sectional title owners are legally obliged to pay levies and related charges necessary for the functioning of the body corporate, and that a body corporate may obtain a section 39(1)(e) order for payment where arrears are proved. The decision also shows that the adjudicator may craft practical repayment terms, including instalments and temporary suspension of further interest, while preserving the body corporate's right to ongoing monthly contributions.