With the increasing need for alternative power solutions at home, installing such systems in a complex can be more “complex” than it might initially appear.
If you own a unit in a complex, you own the interior of that unit (referred to as a “section”) as well as an “undivided share” of the common property. The “common property” includes all parts of the complex that are not individually owned by any of the unit owners. Your “undivided share” means you own a proportion of the common property, divided among all the units. This share is not a specific part but rather a general interest in all shared spaces, which is why levies are charged by the body corporate to maintain these areas. The body corporate, consisting of all unit owners, is usually managed by a managing agent and/or trustees.
Since the common property includes exterior walls and roof spaces, any installation of solar solutions will involve these areas. Therefore, decisions about such installations must be made by the body corporate.
Here are some key considerations for unit owners when approaching the body corporate regarding solar installations:
- Conduct Rules: Review the complex’s conduct rules related to the use of common property for solar installations. Determine whether you need consent from the trustees or if a special or unanimous resolution from the body corporate is required.
- Consent Process: If consent is required, the body corporate or its representatives will assess the request based on several factors:
- Structural integrity of the building where panels will be installed.
- Waterproofing of the roof and other common property areas.
- Fire safety measures.
- Use of licensed installers to ensure compliance.
- Maintenance of installed items and waterproofing.
- Potential nuisance, noise, and disturbance to neighbours during installation.
- Daily cleaning and tidying of the installation site.
- Repairing any damage to common property caused by the installation.
- Insurance for the installed items is payable by the unit owner.
- Indemnities protecting the body corporate against loss or damage.
- The body corporate’s rights concerning removal, emergency repairs, or halting of installation.
For further clarification or more information, please contact Tuckers Attorneys at 011 897 1900, 076 777 1920 (after hours), or email us at info@tuckers.co.za.
Article contributed by Hayley Appel of Tuckers Attorneys.