You light up my life: Your how to guide for installing solar panels in your community scheme

3 March 2023 | Zerlinda van der Merwe

With the former Eskom CEO "fleeing South Africa for his life," according to some news sources, and the rolling blackouts that seem to have become a way of life, as always, we, as South Africans, have found the "lighter" side of it all, and memes abound! I'm Googling some now, because we are fortunate enough to have an inverter, and I'm giggling as I type this. Well, jokes and puns aside, in community schemes, if we are able to, we are looking for solutions, and in this article, we'll chat about the process to follow if you, as an owner, or the body corporate wishes to install solar panel/s on the common property within the scheme.

In the normal course, the area upon which the solar panels will be installed will be common property, and whenever one or a group of owners, but not the full body of members, will use and enjoy a part/s of common property, such use and enjoyment must be formalised. This can be done in a few different ways, but for the purposes of this article and our new package offering, we'll focus on the creation of exclusive use areas ("EUA/s") by amending the conduct rules of the body corporate. 

When any one or more owners wish/es to install solar panel/s, we suggest that they first take a look at their body corporate's conduct rules to see whether there is a rule/s dealing with such an installation. 

The second step would be to then speak to their managing agent, building manager, or trustees and enquire as to whether such an installation will be allowed, bearing in mind that any work undertaken to a section or the common property requires a certain level of approval, either by the trustees and/or the members of the body corporate, as will be set out herein.

The recommended way forward, as above, would be the creation of an EUA/s over the part of the common property, upon which the solar panels will be installed, i.e., the rooftop. The conduct rule creating and allocating this right/s needs to deal with the issues of maintenance, repair, replacement, installation conditions, allocation, layout, etc. A layout plan must be prepared, as well as a schedule of allocation, both to be referenced in and attached to the amended conduct rules, which will then be presented to the members at a special general meeting or an annual general meeting, or in writing for a special resolution, and once approved, submitted to the Community Schemes Ombud Service ("the CSOS") for review and approval, before such a rule is enforceable. 

Now, what if the body corporate wishes to install solar panels on the common property for the benefit of the scheme, such as basement lighting, the elevator, etc? This would be seen as an improvement or alteration to common property, which the trustees would need to determine as being reasonably necessary or not reasonably necessary (the old luxurious vs. non-luxurious). In my opinion, based on what we are going through in South Africa at this moment, it is reasonably necessary, unless the scheme already has one hundred (100) panels that serve the common property well, and the trustees want to install another one hundred (100)! It depends on the circumstances of each scheme - and its financial position, of course. 

If it is considered to be a "not reasonably necessary" improvement to common property, a unanimous resolution of the members will be required, but if it is seen as a reasonably necessary improvement, the trustees must then notify the owners of their intention, including a motivation and explanation of costs and payment, and allow the members a thirty (30) day notice period to consider it. If, during this time period, any one owner objects and requests a special general meeting, and the objection cannot be resolved, a special general meeting will need to be called to table a special resolution. This "double" notice period can be avoided if the trustees go directly to a special general meeting. 

In the unprecedented times we are living in, the rules still need to be written. Why not come to us for help, we would love to make your community scheme living just a little bit easier.

We at TVDM Consultants are offering a set package to draft the above EUA rule, with conditions, and resolution, contact us at admin@tvdmconsultants.com or info@tvdmconsultants.com for more information in this regard.

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Featured image was taken by Maxlite