Electricity consumption on EUA

The one owner at our complex has the exclusive use rights to a storeroom in the complex (in terms of the plans). He is paying an exclusive use levy for this. The Trustees now want to charge him extra for electricity usage – can this be done?

The STSM Act states the following:

Section 3

  1. (1) A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include—

(c) to require the owners, whenever necessary, to make contributions to such funds: Provided that the body corporate must require the owners of sections entitled to the right to the exclusive use of a part or parts of the common property, whether or not such right is registered or conferred by rules, to make such additional contribution to the funds as is estimated necessary to defray the costs of rates and taxes, insurance and maintenance in respect of any such part or parts, including the provision of electricity and water, unless in terms of the rules the owners concerned are responsible for such costs;

So they will only be able to collect elect usage separately with the consent of the owner.  They can however – in approving a new budget – raise the amount of the exclusive use levy to ensure it covers all expenses of the area.  There is no prescribed formula for the calculation of an exclusive use levy but the Trustees must take into consideration the expenses for the area.