High Court Declares Equal Levy Contributions Invalid And Unenforceable

In a recent judgment from the High Court in Durban, a unanimous decision at a Body Corporate meeting in 2016 to impose equal levies for all property owners, notwithstanding the size of their property, was overturned and declared invalid.

The Body Corporate of Kirtlington Park, who since its inception levied an equal amount of levy-contributions from all its members, and in 2016 formally adopted the "equal levy rule", is surely considering its legal options following a recent decision of the High Court in Durban.

Upon registration, as many Sectional Title Schemes do, Kirtlington lodged standard prescribed management rules in terms of which members are obligated to pay levies calculated according to the participation quota which, in turn, is calculated according to unit sizes. Kirtlington consists of 42 units ranging vastly in sizes from 251 square meters to 824 square meters.