Necessary improvement to the common property

The Trustee want to install solar panels on the roof. This is a necessity with the current loadshedding schedules. If I look at PMR 29 that is a special resolution right? I think we should do this on a round robin basis to save time – is that the correct way of doing it?

This is a variation on another question we had on improvements to the common property.

If the improvement is deemed to be a necessity we have to look at PMR 29 and specifically PMR 29(2)

PMR 29 (2)The body corporate may propose to make alterations or improvements to the common property that are reasonably necessary; provided that no such proposal may be implemented until all members are given at least 30 days written notice with details of —

  • the estimated costs associated with the proposed alterations or improvements;
  • details of how the body corporate intends to meet the costs, including details of any special contributions or loans by the body corporate that will be required for this purpose; and
  • a motivation for the proposal including drawings of the proposed alterations or improvements showing their effect and a motivation of the need for them;

and if during this notice period any member in writing to the body corporate requests a general meeting to discuss the proposal, the proposal must not be implemented unless it is approved, with or without amendment, by a special resolution adopted at a general meeting.

So what we see is that it is not just a special resolution off the bat.  The procedure is to send a circular to all owners first and only if someone requests a meeting then it is a special resolution at the meeting.

What you can do is send the circular and get one of the Trustees to immediately request the meeting. 

Please just note the following ito the meeting – I am sure you picked up that it must be a meeting and that this specific special resolution can then not be done on a round robin.  But there is something else ito the notice period of the meeting.  Normally the Trustees can (based on urgency) give 7 days notice of the meeting.  Not so in this case.

PMR 15 (7)A general meeting may be called—

  • on 7 days’ notice if the trustees have resolved that short notice is necessary due to the urgency of the matter and set out their reasons for this resolution; provided that the trustees must not take such a resolution in regard to a meeting referred to in rule 29(2) or (4);
  • on less than 14 days notice, if this is agreed to in writing by all persons entitled to attend.

So the steps to follow –

  • Send circular as prescribed
  • Get Trustees to call a meeting
  • Pass special resolution at the meeting