Trustees of Tulbach Body Corporate v Vezasie Troy

The applicant, the Trustees of Tulbach Body Corporate, brought an application to the Community Schemes Ombud Service (CSOS) against Mr Troy Vezasie, the owner of unit 102 in the scheme, seeking relief under section 39(1)(e) of the Community Schemes Ombud Service Act 9 of 2011 for payment or repayment of a contribution or other amount, apparently relating to unpaid levies or related charges. The application was lodged on 29 May 2023. The adjudicator noted at the outset that the applicant, being a community scheme, had not complied with clause 5.9 of the CSOS dispute resolution practice directive requiring a trustees' or executive committee resolution authorising the lodgement of the application. After conciliation failed and a certificate of non-resolution was issued, the matter was referred to adjudication. On 8 December 2023 the adjudicator issued a section 51 request for further information from the applicant, including a revised itemised levy statement, details of trustees, a signed trustees' resolution, a resolution authorising interest, approved conduct rules, confirmation that no legal proceedings had commenced, and the managing agent service level agreement. The respondent was also asked to provide the reason for not paying levies. Neither party responded within the time allowed.

• Whether the applicant body corporate had complied with the procedural requirements for a CSOS application, including filing a trustees' resolution authorising the application.
• Whether the applicant's failure to comply with the adjudicator's request for further information under section 51(1)(a)(i) of the CSOS Act justified dismissal under section 53(1)(b).
• Whether the adjudicator should grant relief for payment of levies or other contributions under section 39(1)(e) in the absence of the requested supporting documentation.

The application was dismissed in terms of section 53(1)(b) of the Community Schemes Ombud Service Act because the applicant failed to comply with the adjudicator's section 51 request for further information. No order as to costs was made.

Where an applicant in CSOS proceedings, particularly a community scheme, fails to comply with an adjudicator's lawful request for further information or documentation under section 51 of the CSOS Act, the adjudicator is entitled to dismiss the application under section 53(1)(b). Procedural compliance, including proof of authority to institute the application, is a prerequisite to obtaining substantive relief.

The adjudicator's references to the need for a trustees' or executive committee resolution authorising the application, and to documents such as a resolution to charge interest, approved conduct rules, and confirmation that no other legal proceedings had commenced, were ancillary observations explaining why further information was necessary. The notice regarding the right of appeal to the High Court on a question of law was also non-dispositive.

The decision illustrates the importance of procedural compliance in CSOS adjudications, especially where a body corporate seeks recovery of levies or related amounts. It confirms that a community scheme must properly authorise its application and must comply with an adjudicator's request for further information. Failure to do so can result in dismissal without the merits being considered. The order is significant as a practical reminder of the role of section 51 investigative requests and the sanction in section 53(1)(b) of the CSOS Act.