Twee Riviere Village 1 Body Corporate v Moeng Robert Molatudi

The applicant, Twee Riviere Village 1 Body Corporate, brought an application under section 38 of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act) against the respondent, Moeng Robert Molatudi, the owner of unit 30 in the scheme. The body corporate alleged that the respondent had failed to pay monthly levies and had fallen into arrears. The application initially referred to arrears of R54 474.21, but the applicant later relied on a detailed ledger dated 14 November 2023 showing arrear levies of R62 867.01. Notices had been sent to the respondent. The respondent did not dispute liability, acknowledged the arrears, and stated that he would be able to resume payment of levies and pay 40 to 50% towards the arrears from 16 October 2023, but he did not make such payments. After conciliation failed and a certificate of non-resolution was issued, the matter was referred to adjudication on the papers.

• Whether the respondent, as owner of a unit in the sectional title scheme, was legally liable to pay the arrear levies claimed by the body corporate.
• Whether the body corporate was entitled under section 39(1)(e) of the CSOS Act to an order for payment of the outstanding levy contributions.
• Whether, on the evidence and on a balance of probabilities, the amount of R62 867.01 was proved as due and payable.
• Whether it was appropriate to structure payment of the arrears by instalments while preserving the respondent's ongoing obligation to pay current monthly levies.

The application was granted. The respondent was declared liable to the applicant for R62 867.01 in respect of levy arrears. The respondent was ordered to pay the debt in 10 monthly instalments of R6 286.70 from 1 January 2024 and on the first day of each successive month until payment in full. If the respondent failed to pay any instalment on due date, the full outstanding balance would immediately become due and payable. The order did not affect the respondent's obligation to continue paying the ordinary monthly levies. No order as to costs was made.

An owner of a unit in a sectional title scheme is, by virtue of ownership and membership of the body corporate under the STSMA, liable for levies validly raised by the body corporate. Levy liability is an incident of ownership. Where a body corporate proves arrear levies on a balance of probabilities, and the owner does not place liability genuinely in dispute, CSOS may grant relief under section 39(1)(e) of the CSOS Act ordering payment of the outstanding amount, including by instalments if appropriate.

The adjudicator's references to the general evidentiary approach—namely that only relevant evidence should be considered, that proof is on a balance of probabilities, and that credibility and probabilities must be weighed—were general observations about adjudicative method rather than independent dispositive rulings. The note on the parties' right of appeal to the High Court under section 57 of the CSOS Act was also ancillary and not part of the ratio.

The order reaffirms a core principle of South African sectional titles law: levy liability is inseparable from ownership of a unit and may be enforced through CSOS adjudication. It illustrates the use of section 39(1)(e) of the CSOS Act as an accessible statutory mechanism for bodies corporate to recover arrear levies without immediately resorting to ordinary court proceedings. It also confirms the continued relevance of appellate authority such as Marine Sands in community scheme disputes before CSOS.