No Success, No Fee.
Specialised levy collection for body corporates and homeowners' associations. If we don't recover your outstanding levies, you owe 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 outstanding levies, 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 We Offer
Dedicated legal services to help community schemes recover outstanding levies and maintain financial stability.
Unpaid levies can disrupt operations, strain budgets, and hinder essential maintenance across your scheme. At Jonker Vorster Attorneys, we understand the challenges that Homeowners' Associations and Sectional Title Bodies face when collecting overdue levies. That is why we offer a specialised and efficient levy collection service designed to protect your financial stability while preserving positive relationships with property owners.
We combine legal expertise with modern technology to streamline the collection process and ensure full compliance with the Sectional Titles Schemes Management Act 8 of 2011 (STSMA) and the Community Schemes Ombud Service Act 9 of 2011. Our team handles everything from trustee resolutions and demand letters to complex disputes and CSOS adjudication, giving trustees and managing agents a single point of contact for all levy-related matters.
We prioritise clear, professional communication with defaulting owners to resolve matters amicably where possible. Where legal action becomes necessary, we move decisively through summons, judgment, and enforcement. Throughout the process, we maintain ethical practices that protect your scheme's reputation while ensuring compliance is enforced.
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 letter is issued to the defaulting owner, specifying the arrear amount, 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.
Levy Collection Services
A systematic, technology-enabled approach to recovering arrear levies for body corporates and HOAs.
Letters of Demand
Formal demand letters issued on behalf of the body corporate or HOA, setting out the arrear amount, accrued interest, and the legal consequences of non-payment within the prescribed period.
Summons & Default Judgment
Institution of 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 sectional title unit.
CSOS Proceedings
Representation in Community Schemes Ombud Service (CSOS) proceedings, including conciliation and adjudication of disputes relating to levies, governance, and scheme management.
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 legal advice to trustees on their duties under the STSMA, rule amendments to strengthen enforcement, compliance with CSOS requirements, and governance best practices.
Levy Collections Insights
Levy Collection FAQs
The body corporate has several remedies available under the Sectional Titles Schemes Management Act 8 of 2011 (STSMA) and the prescribed management rules. The first step is usually to send a formal letter of demand to the defaulting owner. If the owner fails to respond, the body corporate may institute legal proceedings in the Magistrate’s Court or High Court to recover the arrear levies together with interest and legal costs. The body corporate may also apply for a special contribution or increase levies to cover shortfalls caused by non-paying owners.
Yes, the body corporate may charge interest on arrear levies if this is provided for in the rules of the scheme. The prescribed management rules under the STSMA allow for interest to be charged at a rate determined by the trustees from time to time, provided that the rate does not exceed the maximum rate prescribed by the National Credit Act. Interest is typically calculated from the due date of the levy until the date of payment.
The Community Schemes Ombud Service (CSOS) is a statutory body established under the Community Schemes Ombud Service Act 9 of 2011 to regulate and resolve disputes in community schemes, including sectional title schemes and homeowners’ associations. CSOS provides a dispute resolution mechanism through conciliation, adjudication, and mediation. All community schemes are required to register with CSOS and pay an annual levy. Disputes relating to governance, financial management, and conduct can be referred to CSOS before approaching the courts.
Yes, provided that the obligation to pay levies is established in a binding agreement. For HOAs, this obligation typically arises from a deed of sale condition, a homeowner’s constitution or memorandum of incorporation, or a restrictive condition registered against the title deed. Unlike body corporates, HOAs are not automatically created by statute and their authority depends on the specific legal instruments that bind the members. Our attorneys review the applicable documents to confirm the legal basis for levy collection before commencing proceedings.
The timeline depends on whether the owner defends the action. If the owner does not defend after receiving a summons, default judgment can usually be obtained within six to eight weeks. Defended matters may take several months. Once judgment is obtained, enforcement options include emolument attachment orders, warrants of execution against movable and immovable property, and in certain circumstances, the sale in execution of the unit itself. Our team prioritises quick turnaround to minimise the impact of arrear levies on the scheme’s finances.
No Success, No Fee Levy Collections
We recover outstanding levies for body corporates and HOAs with no upfront cost to you. If we don't recover, you owe us nothing. Contact our team to get started.