SHOWING ARTICLE 242 OF 483

A generator in a complex: dos and don’ts

Category Helpful Hints

17 Mar 2015

With strained power utility Eskom warning South Africans to expect load shedding for the next two years at least, many homeowners and businesses are hurriedly purchasing generators.

Constas says if trustees and homeowners arm themselves with the facts, a generator could be an invaluable acquisition for every sectional title development aiming to adapt to load shedding.

This is according to sectional title property specialist Marina Constas, a director of BBM Attorneys, who says while “gennies” are fast becoming a necessity in South African homes, their installation in complexes is the subject of heated debate.

However, she says if trustees and homeowners arm themselves with the facts, a generator could be an invaluable acquisition for every sectional title development aiming to adapt to load shedding.

Constas’ first piece of advice is that it is preferable to have one generator for the complex as a whole, rather than permitting individual owners to have their own generators.

Once this has been agreed upon, a point in question is whether a complex buying a generator is making a “necessary” or a “luxurious” improvement to the development.

She says different resolutions are required for each, according to the Sectional Titles Act. “If it is a luxurious improvement, then a unanimous resolution is required in terms of Management Rule 33 (1).”

If the generator is seen as a necessary improvement, Constas says a special resolution is required and the procedure set out in Management Rule 33 (2) must be complied with. Among the stipulations is that owners must receive all the costs at a special general meeting.

They will need everything in front of them before they are able to decide, and take the special resolution, she says. “A special levy may then be imposed for the generator’s service and maintenance.”

Constas says she believes that in view of the security risks posed by electricity outages and load shedding, an immovable generator is a necessity.

“A complex’s security systems are generally dependent on the electricity supply. Electric fencing, alarms, electric gates and intercoms may be affected if there is a power outage, and homeowners put at risk.”

For this reason, she says a generator should, in most instances, be viewed as a necessary improvement to the sectional title scheme.

When it comes to generators, however, not all units are created equal, and in a complex in particular, the noise emitted is a significant consideration. Constas says trustees should investigate all options and attempt to purchase the generator with the lowest noise levels.

“The generator should be stored where it will cause the least amount of nuisance to all homeowners in the scheme, and where the fumes will not affect the owners,” she says.

Author: Marina Constas, a director of BBM Attorneys,

Submitted 27 Mar 15 / Views 2742