- The judge found that repayments must actually reduce the debt for courts to see them as realistic alternatives to selling the property.
- A Pretoria property was ordered to be sold after levy arrears went over R681 000.
- The court said unpaid levies put an unfair strain on other residents in homeowners' associations.
The High Court in Johannesburg has told homeowners that making monthly payments towards overdue levies will not always stop a property from being sold, especially if the debt keeps growing faster than the repayments.
This message came from a case between the Lombardy Home Owners Association NPC and Pretoria homeowners Lillian Mokgalakane Makgolela and Kingsley Makgolela. Their property was ordered for sale after unpaid levies reached R681 777.32.
Judge LR Adams explained that courts have to balance the constitutional right to housing with the need for homeowners associations to recover unpaid levies, which are needed to maintain estates and shared services.
The court must carefully consider both the right of the association to enforce its judgment and the right of the homeowner to adequate housing under Section 26 of the Constitution, Judge Adams said.
The court learned that the homeowners' association had already been awarded a judgment for R333 294.39 in March 2024 for unpaid levies and related costs. The homeowners later tried to have this judgment overturned, but their application was dismissed in May 2025.
Why the repayment plan fell short
At the heart of the case was Makgolela's offer to pay R5 000 a month towards the debt. She also told the court she earned a net salary of R50 000 per month and owned movable assets that might be worth more than R326 000.
Despite these details, Judge Adams found the proposed payments were not practical. The debt, interest and ongoing levies were growing faster than the monthly payments. The offer to pay R5 000 per month is not enough, the judge said.
The debt is already more than R333 000. Paying R5 000 a month would take many years to pay off, even just the original amount, not to mention the monthly levies and interest that keep adding up.
The judgment makes it clear that courts look at whether a repayment plan can actually reduce the debt in a reasonable time, not just whether some payment is being made.
The court says all other options tried
The court heard that the Sheriff had already tried to seize movable assets at the property, but only found goods worth about R3 100. This led to a nulla bona return, meaning nothing valuable could be seized.
Judge Adams said this showed that selling movable property was not a real solution. “The association does not have to accept a payment plan that would leave the debt unpaid for many years,” Judge Adams said.
The judge recognised that selling a family home would have a serious impact on the homeowner and her children. But the court found that the homeowners' association had already tried all reasonable options before asking to sell the property.
These efforts included getting a judgment, defending against the attempt to overturn it, and trying to seize movable assets.
Impact on other homeowners
Judge Adams also pointed out that unpaid levies affect other people living in estates run by homeowner associations.
“When some homeowners do not pay, it puts extra pressure on those who do,” the judge said. The court eventually allowed the Pretoria property to be sold and set a reserve price of R3.5 million.
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