28 Feb What you need to know about solar installations in sectional title schemes

South Africans have been enduring long periods of load shedding over the past few months and this has led to many sectional title schemes considering installing solar power and inverters.

However, before any such installation can take place members need to consider The Sectional Titles Schemes Management Act 8 of 2011 (the “STSM Act”) together with the prescribed management rule (“PMRs”) and prescribed conduct rules (“PCRs”), which we detail in the following seven points:

Section 13(e) of the STSM Act states that an owner must not use his or her section or exclusive use area, or permit it to be used, in a manner or for a purpose which may cause a nuisance to any occupier of a section.

Section 14(1) of the STSM Act states that notwithstanding the existence of a valid body corporate insurance, an owner may obtain an insurance policy in respect of any damage to his or her section arising from risks not covered by the policy effected by the body corporate. *Comment: Before the body corporate grants their consent, they require the owner to obtain insurance for the solar panels and associated infrastructure.

PCR 5(1) states that the owner or occupier of a section must not, without the trustees’ written consent, make a change to the external appearance of the section or any exclusive use area allocated to it unless the change is minor and does not detract from the appearance of the section or the common property.

PCR 7(1) states that the owner or occupier of a section must not create noise likely to interfere with the peaceful enjoyment of another section or another person’s peaceful enjoyment of the common property.

PMR 30(b) states that the body corporate must take all reasonable steps to ensure that a member or any other occupier of a section or exclusive use area does not use a section or exclusive use area so as to cause a nuisance, in breach of section 13(1)(e) of the Act

PMR 30(d) states that the body corporate must take all reasonable steps to ensure that a member or any other occupier of a section or exclusive use area does not make alterations to a section or an exclusive use area that are likely to impair the stability of the building or interfere with the use and enjoyment of other sections, the common property or any exclusive use area.

PMR 30(e) states that the body corporate must take all reasonable steps to ensure that a member or any other occupier of a section or exclusive use area does not do anything to a section or exclusive use area that has a material negative affect on the value or utility of any other section or exclusive use area.

Consent for solar panels

Once trustees have considered and authorised individual solar panels to be installed in the scheme, the following is recommended:

• The body corporate designates the common property areas on which the solar panels are installed as exclusive use areas of the owner of that section.
  • Exclusive use areas are created in terms of the adoption of a conduct rule which requires a special resolution to be obtained with 75% (reckoned in both number and value) of the owners voting in its favour.
• Clarify who will be responsible to maintain the solar panels.
• The rule should deal with the installation of the solar panels for each section and should include:
  • Preferred contactors to install the solar panels
  • Type of solar panels permitted
  • Placement or location of the solar panels

Conclusion

Solar panels are not aesthetically pleasing and can be unsightly in sectional title schemes but, on the other hand, installing solar panels can reduce the effects of frequent power cuts we are currently experiencing.