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Can a Home Owners’ Association (HOA) in Zimbabwe refuse to recover levies?

Levies are essential in the administration and management of a Home Owners’ Association (HOA). Monthly levies in a HOA are used to cover common expenses incurred by the HOA to operate. Such common expenses generally include but are not limited to insurance, roads, water, electricity, sanitation, telecommunications networks and security services and its affairs and for the purpose of attaining its objects as set out in the HOA Constitution. see Willow Waters Homeowners Association (Pty) Ltd v Koka N.O. & Others [2015] 1 All SA 562 (SCA).

The amount and nature of the common expenses will vary from one HOA to the other. However, when owners fail to pay, the HOA’s financial health generally diminishes or weakens, putting all owners and members of the HOA at risk. Furthermore, a shortfall as a result of lack of payment of levies by a member or members of an HOA in Zimbabwe can have severe consequences for all the members.

Managing HOA levy arrears and collecting unpaid levies is very important. It is for this reason, that a HOA in Zimbabwe cannot refuse to recover levies form members. Where an owner of a section or unit in an estate fails to pay levies, the HOA is legally empowered to take action to recover such amounts, including interest and costs. see Zikalala v Body Corporate of Selma Court & Another 2022 (2) SA 305 (KNP).

Furthermore, in the event of any member failing to pay levies due to the HOA, an HOA has a legal obligation to hand over the matter to a legal practitioner or law firm for the recovery of the arrear levies.

A HOA in Zimbabwe cannot refuse to collect levy arrears or collect unpaid levies as it is an inherent feature of an HOA to raise funds by the levying of contributions (i.e., levies) on its members. see Body Corporate of Fish Eagle v Group Twelve Investments (Pty) Ltd 2003 (5) SA 414 (W).