29. Exclusive Use Rule For Rooftop Solar Harvesting Installations

29.1 Exclusive use of rooftop areas for installation of solar

Notwithstanding the fact that the Scheme’s rooftop space is part of the common property as shown on the Scheme’s sectional plan, ni terms of sections 10(7) and (8) of the Sectional Titles Schemes Management Act of 2011 (‘the STSM Act’) exclusive use rooftop solar harvesting rights are hereby conferred on the owner of each residential section in the Scheme, to the exclusion of the rights of al other owners and al other persons ni the Scheme, to part of the common property roof above their section and located as depicted on the layout plan annexed hereto marked X’ ‘ showing the location and size of each such area, these rights being conferred for the express and sole purposes of installing their own solar harvesting and associated equipment to serve their section.

29.2 Installation of Solar Harvesting and Associated Equipment

(a) An owner may only install their solar harvesting and associated equipment on an exclusive use area established under this rule after having made written application to the trustees for approval of the specific installation with written and schematic detail of the size and appearance of the installation and the trustees have, after consideration of the application and any other information or document they may reasonably require for this purpose, given their written consent, which consent must not be unreasonably withheld.

(b) A section owner entitled to exclusive use in terms of this rule is responsible for obtaining all required permissions and approvals from the relevant authorities before making the application referred to in 29.2(a) above and must comply with al relevant municipal by-laws, the Electrical Installation Regulations made under the Occupational Health and Safety Act 85 of 1993, and the body corporate’s rules.

(c) Should the installation of the proposed solar panels exceed a covered roof area of 21, 1m2 or 400kg on the NE or SW facing roof area, the section owner must include in their application contemplated in 29.2(a) above, a structural engineer’s report, confirming the suitability of the roof structure to support the installation of the proposed solar harvesting and associated

(d) The trustees may require the section owner concerned to provide proof of the permissions and approvals contemplated ni 29.2(b) above, prior to approving the application for installation of the solar harvesting and associated equipment.

(e) An owner must arrange for the completion of the installation of rooftop solar harvesting and associated equipment by an accredited installer and deliver to the trustees all required compliance certificates (immediately upon completion of the installation) within a period of 3 months from the date of the trustees’ consent, failing which the consent will lapse and, unless the trustees in writing extend this period the owner wil be obliged to remove the incomplete or unapproved installation and restore the common property to its previous condition.

(f) Any and all solar harvesting and associated equipment installed on an exclusive use area made under this rule wil not accede to or become part of the common property but remain the property of the section owner concerned.

29.3 Maintenance, Repair, Replacement and Removal

(a) A section owner’s liability for maintenance, repair, replacement and removal ni respect of an area of common property rooftop space over which they hold exclusive use rights under this rule commences on the trustees’ grant of written consent authorizing the installation of solar harvesting and associated equipment on the section owner’s rooftop exclusive use area.

(b) A section owner who holds rooftop solar harvesting exclusive use rights in terms of this rule must carry out and pay for the maintenance, repairs, replacement and, if necessary, removal of their solar harvesting and associated equipment and any alteration or improvement made to their rooftop exclusive use area, and must keep such solar harvesting and associated equipment and another alteration or improvement associated with it in a state of good and serviceable repair.

(c) The holder of the exclusive use rights is liable for any damage to the exclusive use area or any other area of common property resulting from the installation, maintenance, repair, replacement or removal of the solar harvesting and associated equipment.

(d) If, despite written demand by the body corporate, a section owner who holds rooftop solar harvesting exclusive use rights refuses or fails to repair or maintain their solar harvesting or associated equipment in a state of good repair as required by this rule and that failure prejudices the interests of the body corporate, its members or occupiers generally, the body corporate may, remedy the exclusive use right holder’s failure and recover the reasonable costs of doing so from them and the trustees may debit such costs to the section owner’s account with the body corporate and recover interest on it as if it were a contribution duly levied in terms of the STSM Act, provided that in the case of an emergency, no demand or notice need be given to the exclusive use right holder concerned.

(e) The body corporate must carry out and fund any maintenance, repairs and replacement of the common property rooftop space which would be necessary even fi the relevant part of the common property were not subject to rooftop solar harvesting exclusive use rights, was not used as such, and had not been in any way altered for the relevant purpose. This includes general repair, maintenance and replacement of the roof itself.

(f) Without derogating from the provisions of section 13(1)(a) the STSM Act, any person authorized in writing by the body corporate is permitted during reasonable hours and on notice (except in the case of emergency, when no notice is required) to access and enter a rooftop solar harvesting exclusive use area created under this rule for the purpose of inspecting it and maintaining, repairing or renewing it or for the purpose of ensuring that the provisions of the STSM Act and the body corporate’s rules are being complied with.

(g) The body corporate may require the holder of the exclusive use rights to remove their solar harvesting and associated equipment temporarily or permanently if it is deemed necessary for the maintenance, repair, or replacement of the common property or if the equipment remains uninsured and or poses a risk to the safety or well-being of other residents.

(h) If, despite written demand by the body corporate, the holder of the exclusive use rights refuses or fails to remove their solar harvesting and/or associated equipment as contemplated in.3(g) above and that failure prejudices the interests of the body corporate, its members or occupiers generally, the body corporate must remedy the exclusive use right holder’s failure and recover the reasonable costs of doing so from them and the trustees may debit such costs to the section owner’s account with the body corporate, and recover interest on it as if it were a contribution duly levied in terms of the STSM Act, provided that in the case of an emergency, no demand or notice need be given to the exclusive use right holder concerned.

(i) The section owner will continue to be responsible and liable for common property/fixed electricity charges in accordance with their participation quota and reflected on the levy statement within the monthly Levy Amount.

29.4 Insurance

(a) It is the responsibility of the section owner, through the Trustees, to ensure that the solar harvesting and associated equipment is added to the body corporate’s insurance policy immediately upon installation and has adequate public liability cover. The section owner must ensure that the solar harvesting and associated equipment remains insured for the period that it is installed.

(b) Payment of the additional premium payable on account of such equipment being added to the Body Corporate’s Insurance Policy, si payable by the section owner concerned and will be added to the section owner’s account with the Body Corporate.

(c) The proof of insurance is to be sent to the trustees within 24 hours of the installation of the solar harvesting and associated equipment.

(d) Any insurance excess amount that is related to damage to any part of a section owner’s solar harvesting and/or associated equipment is payable by the section owner concerned and the section owner must furnish the body corporate with written proof from the insurer of payment of that amount within seven days of written request from the Body Corporate.

(e) No risk or claim (including but not limited to a public liability claim, insurance claim shortfall, rejection, repudiation or excess etc) will pass to the body corporate, its employees, its members, its trustees or its agents for whatever reason. Such responsibility for payment will remain with the owner.

29.5 General

(a) The installation and operation of the solar harvesting and associated equipment will be at the sole risk of the section owner and the section owner indemnifies the body corporate, its trustees, its employees, its members and its agents against any liability in this regard.

If the solar harvesting and associated equipment is to be sold with the section, all risks, responsibilities, and liabilities in respect thereof will be deemed to be passed to the successor in title on transfer of the section. It is the responsibility of the successor in title to familiarize themselves with this rule.