THE TRUSTEES OF A BODY CORPORATE in Northcliff consulted me last week with a conundrum – a 70 year old lady who lives alone in a unit at the scheme had installed a generator ‘for security reasons’ in case of load shedding. Apparently she had experienced break-ins 3 times during load shedding. Her neighbours insist that the generator be removed immediately because of the noise it causes!
BUT IF YOU LIVE IN A SECTIONAL TITLE SCHEME YOU CAN’T JUST DO THAT!
Have you heard a generator? They’re noisy, they produce vibrations and they emit gases that are colourless, odourless, tasteless, and can be poisonous. If you live a few metres away from your neighbour whichever way you look at it, it’s a problem.
WHAT DOES THE LAW SAY?
Firstly, most Conduct Rules, state that an occupier may not store any flammable material or do any other dangerous act in the building or on the common property which might or will affect the insurance of the scheme.
The Sectional Titles Act also provides that an owner or resident of a unit may not cause a nuisance to any other resident.
As you probably know by now, when it comes to anything that might affect other members of the Body Corporate or residents of the scheme, it is always better (safer) to ‘ask permission” rather than ask for forgiveness – just now you spend a fortune on a generator only to be forced to remove it . . . and you can be forced to remove it. The Body Corporate can get a court order that will compel you to remove it.
In my opinion a unit owner should never be allowed to operate a generator inside a section because of the obvious dangers. If permission is sought to place the generator outside a section the Trustees would have to grant the matter some very serious thought, and only permit it subject to very stringent conditions such as the right to withdraw the permission if necessary, taking into account things like how visible it will be, the extent of the noise it will make, where the fuel will be stored and so on.
The other possibility is for the Trustees to consider installing a generator to supply power for the entire scheme, but this is a subject for an entire blog all on its own.
BUT DON’T DESPAIR, THERE ARE ALTERNATIVES TO GENERATORS THAT YOU MAY NOT KNOW ABOUT AND WHICH COULD BE PERFECT FOR SECTIONAL TITLE LIVING.
I was recently referred to the following website:
https://www.sinetech.co.za/homepower.htm You may find helpful alternatives
