Solar systems in Sectional Title Schemes

During the height of the Covid-19 pandemic everyone referred to face masks, online work, and social distancing as the "new normal". In South Africa, load shedding has become the "new normal", apparently with no end in sight. This, in conjunction with escalating electricity costs, has led to a spike in solar system applications as owners and residents seek alternate methods to negate the effects of the persistent power cuts.

 

In the realm of sectional titles the situation is no different, with trustees receiving numerous applications from unit owners to install solar panels of the roofs within the schemes. These roofs are, of course, common property and such installations can only be effected if appropriate rules are in place.

 

Many bodies corporate already have rules that deal with alterations to common property, but these rules are, more often than not, insufficient to address the specific issues that arise when installing solar systems on common property. These rules, normally, only provide for trustees' consent who may impose conditions. The issue with these 'old' rules is that the owner who applied is aware of the conditions imposed by the trustees, but often fails to pass this on to successors in title. It could therefore prove difficult to enforce these conditions on new owners.

 

One of the options available to bodies corporate is to create exclusive use areas on the roofs and to allocate such rights to individual owners. This can be done in the management rules (unanimous resolution) or in the conduct rules (special resolution). The only issues with this option are as follows:

 

(1) The rule must be accompanied by a layout plan to scale depicting all the specific exclusive use roof areas, and this plan must be prepared by an architect, land surveyor or draughtsman. 

 

(2) Once the areas are established, the relevant owners wishing to exercise their right to install solar panels would need approval from owners in general meeting by ordinary resolution [management rule 30(g), as prescribed].

 

A far simpler option, in my view, would be to adopt a comprehensive rule dealing with solar system installations. This could be incorporated into the management rules or the conduct rules. The rule should address various, including the following:

 

(1) The rule must be reasonable and the rights of all owners should be taken into consideration. For example, one owner should not be permitted to have the entire roof space allocated to him or her. A fair apportionment (current and future installations) should be determined.

 

(2) Specifications, positioning, manner of installation and the effect on the aesthetics of the scheme.

 

(3) Indemnities and the preservation of the structural integrity of the roof or building.

 

(4) The responsibility to insure the installation and dealing with increased premiums and excess payments (if insured by the body corporate).

 

(5) Maintenance of the installation by the owners, and the right of the body corporate to effect repairs should the installation not be property maintained.

 

(6) The liability for costs in respect of removal and re-installation of the system or any parts thereof should the body corporate wish to effect roof or other common property repairs.

 

(7) Certification by the local authority.

 

(8) The relevant duties and responsibilities upon sale of the unit. Must the installation be removed and the area restored, or does the new owner automatically assume all duties and responsibilities?

 

(9) Withdrawal of consent in cases where the provisions of the rules are contravened.

 

It is envisaged that the demand for solar systems will only increase in the near future. It is therefore recommended that bodies corporate get appropriate rules in place as a matter of urgency.