Solar installations and generator installations are becoming a buzz word again with the current levels of Loadshedding. We already looked at installations on common property. But what about owners installing these on an EUA or in their section?
Any improvement to an EUA needs to be authorised by an ordinary resolution of the Body Corporate.
Note that included in the permission so given the Body Corporate can give certain conditions to the owner. It is suggested that the Body Corporate pre-empt this by including rules in their Conduct Rules regarding the installation of solar panels or generators.
(g) construct or place any structure or building improvement on an exclusive use area which in practice constitutes a section or an extension of the boundaries or floor area of a section without complying with the requirements of the Act and the Sectional Titles Act; provided that the body corporate may by ordinary resolution —
- give consent for such a structure or building improvement, if they are satisfied that it does not require compliance with such requirements;
- prescribe any reasonable condition in regard to the use or appearance of the structure or building improvement; and
- withdraw any consent if the member or other occupier of a section breaches any such condition.
When the owner wants to install the solar panels or generators in their section – for instance they have a balcony or courtyard that is already part of the section they technically don’t need permission but the Trustees should still be made aware of this and the Trustees should ensure that the Conduct Rules are being followed and the owner should also be made aware of the fact that ito the Act they cannot do anything that is a nuisance to other owners or interfere with the use and enjoyment of other owners.
- use and enjoy the common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof by other owners or other persons lawfully on the premises;
- 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;