Body Corporate Debt Collection
No Success, No Fee.
Specialist body corporate debt collection for sectional title schemes nationwide. We recover arrear levies and other amounts owed by defaulting owners — and if we don't recover, your scheme owes us nothing.
Our Guarantee
Zero risk to your scheme.
No upfront legal fees
Zero retainer. Zero cost to instruct us. We carry the risk.
No recovery, no cost
If we don’t collect the arrears, you owe us nothing for our legal services.
Owners pay all costs
All legal fees and disbursements are recoverable from the defaulting owner. Your scheme receives the full amount owed.
Monthly progress reports
Full transparency on every matter, every month. Trustees and managing agents are always informed.
What your scheme pays. And what it doesn't.
Hand over an arrear levy account and pay zero upfront. If we recover, your scheme receives 100% of the capital. If we don't, you cover only the direct disbursements actually spent. Either way, no legal fees come out of your scheme's budget. The defaulting owner is liable for everything else.
Zero risk to hand over
Hand over any arrear levy account at no cost. No retainer, no instruction fee, no deposit. We carry the financial risk of pursuing the matter, so your scheme’s cash flow is never tied up by legal spend before recovery.
No recovery, no legal fees
If we can’t collect, you owe nothing for our legal work. You cover only the direct disbursements actually paid out (sheriff, trace, credit bureau, correspondent fees), which we keep as low as possible.
100% of capital to the scheme
When we recover, the full handed-over amount goes to your scheme. No commission, no percentage deducted. What we collect on your behalf is yours, in full.
Defaulter pays our fees
Our legal fees, interest, and disbursements are recovered directly from the defaulting owner as part of the court’s costs order. Not from your scheme. Not from your budget.
The Bottom Line
No upfront cost. No legal fees if we don't recover. 100% of the capital to your scheme if we do. Defaulting owners pay our legal fees and disbursements as part of the costs order, not your scheme.
What We Offer
Dedicated legal services to help bodies corporate recover arrear levies and maintain financial stability.
Unpaid levies starve a sectional title scheme of the cash it needs for security, maintenance, insurance and CSOS compliance. Jonker Vorster Attorneys has acted for bodies corporate since 2002 and handles more than 10,000 recovery matters a year. We combine a registered law firm’s litigation experience with Jumping Fox Software, the debtor-management platform we co-own, so every handover arrives pre-vetted through TransUnion, Experian and VCCB credit checks, with pre-legal compliance already in place. Trustees and managing agents get a single point of contact and a clear path from first demand to full recovery, fully compliant with the Sectional Titles Schemes Management Act 8 of 2011 (STSMA) and the Community Schemes Ombud Service Act 9 of 2011.
How It Works
A structured, step-by-step process from first demand to full recovery, managed entirely by our team.
Letter of Demand
A formal demand is issued to the defaulting owner, stating the arrear levies, accrued interest, and the consequences of non-payment. This is a legal prerequisite before proceedings begin.
Summons
If no payment is received, we issue a combined summons in the Magistrate’s Court. The owner has 10 business days to enter a notice to defend.
Default Judgment
Where the owner fails to defend, we apply for default judgment, a court order confirming the debt and entitling the scheme to enforce payment.
Enforcement
We execute the judgment through emolument attachment orders, warrants of execution against movable or immovable property, or, where necessary, sale in execution of the unit.
Body Corporate Debt Collection Services
A systematic, technology-enabled approach to recovering arrear levies for sectional title bodies corporate.
Letters of Demand
Formal demand letters issued on behalf of the body corporate, setting out the arrear levies, accrued interest, and the legal consequences of non-payment.
Summons & Default Judgment
Legal proceedings in the Magistrate’s Court to obtain judgment for arrear levies, interest, and legal costs. We apply for default judgment or proceed to trial where the matter is defended.
Debt Enforcement
Post-judgment enforcement through emolument attachment orders (garnishee orders), warrants of execution against movable and immovable property, and where necessary, sale in execution of the unit.
CSOS Representation
We represent schemes at the Community Schemes Ombud Service where appropriate. Because CSOS cannot grant costs orders or urgent relief and its enforcement is slow, we typically recover arrear levies faster and more completely through the Magistrate’s Court or High Court.
Monthly Reporting
Detailed monthly progress reports keep trustees and managing agents informed of each matter’s status, payments received, and amounts recovered. Full transparency throughout the process.
Trustee & Rule Advisory
Ongoing advice to trustees on their duties under the STSMA, prescription deadlines, rule amendments to strengthen enforcement, and governance best practice.
Why a body corporate must act.
Trustees have a duty under the STSMA to recover arrear contributions, and failing to act can expose both the scheme and the trustees to risk. Arrear levy debt also prescribes after three years unless interrupted by legal action, so delay can wipe out the claim entirely. We help trustees act decisively and on time, protecting the scheme’s finances and the trustees’ position.
Beyond body corporate arrears.
Most schemes deal with more than unpaid levies. Our wider sectional title and levy recovery practice covers HOAs, scheme governance, conduct rule disputes, and CSOS matters.
Levy Collections Insights
Body Corporate Debt Collection FAQs
A body corporate can recover arrear monthly levies, special levies, the CSOS levy, accrued interest, and the legal costs of recovery. Where utilities are billed through the body corporate, those arrears can be included too. Recovery is governed by the Sectional Titles Schemes Management Act 8 of 2011 (STSMA) and the scheme's rules.
Yes. Trustees have a fiduciary duty to act in the best interests of the body corporate, which includes recovering arrear contributions so the scheme can meet its obligations. Trustees who fail to take reasonable steps to collect arrears can expose the scheme, and potentially themselves, to risk.
Yes, where the scheme’s rules provide for it. Interest is typically charged from the due date until payment, at a rate set by the trustees and capped by the maximum permitted under the National Credit Act.
In serious cases, yes. Once the body corporate has obtained judgment, enforcement can extend to a warrant of execution against the unit and, ultimately, a sale in execution. This is a last resort after other enforcement steps, but the courts have confirmed bodies corporate may pursue it.
Yes. Levy debt generally prescribes after three years unless prescription is interrupted, for example by issuing summons or obtaining an acknowledgement of debt. This is why it is important to hand arrears over for recovery promptly rather than letting them age.
Undefended matters typically reach default judgment within a few weeks, with full recovery on HOA and levy matters averaging around six months from instruction to resolution. Under our No Success, No Fee model the scheme pays no upfront legal fees, and our fees are recovered from the defaulting owner as part of the costs order.
No Success, No Fee Body Corporate Debt Collection
Hand over your first arrear account at no cost. If we don't recover, you owe us nothing. Contact our team to get started.