1. WITH THANKS TO
NAMA GAUTENG EAST,
ITS CHAIRMAN MARCO
DE OLIVEIRA AND ITS
SECRETARY JOLITA
VILJOEN, WE PRESENT

2. ALAN LEVY OF:

3. TODAY’S TOPIC
Installation of Solar panels,
Heat pumps, Gas systems
and Generators at a
Community Scheme in
terms of the Sectional
Titles Act and the HOA’s
MOI.

4. ISSUES THAT WILL BE COVERED
Solar panels
Heat pumps
Gas systems
Generators

5. ADDITIONAL ISSUES
• DSTV
• ELECTRIC FENCES

6. PARTS OF THE COMPLEX TO
CONSIDER
• A SECTION
• COMMON PROPERTY
• EXCLUSIVE USE
AREAS

7. PEOPLE IN THE COMPLEX TO
CONSIDER
• THE CHAIRMAN
• THE TRUSTEES
• THE OWNERS
• THE MANAGING AGENT

8. LEGISLATION
• SECTIONAL TITLES ACT
• MANAGEMENT RULES

9. SECTIONAL TITLES ACT
• SECTION 17 – DEALINGS WITH
COMMON PROPERTY
• SECTION 37 (1) (o) – BODY
CORPORATE MAINTAIN EQUIPMENT
USED IN CONNECTION WTH THE
COMMON PROPERTY AND THE
SECTIONS

10. SECTIONAL TITLES ACT
• SECTION 38 (c) – BODY CORPORATE PURCHASE
EQUIPMENT FOR THE USE OF OWNERS OR IN
CONNECTION WITH COMMON PROPERTY
• SECTION 38 (h) – BODY CORPORATE ENTER
INTO AGREEMENTS FOR SUPPLY TO THE
BUILDING OF ELECTRIC CURRENT, GAS, WATER,
FUEL AND SANITARY AND OTHER SERVICES
• SECTION 38 (i) – BODY CORPORATE ENTER
INTO AGREEMENTS WITH OWNERS FOR THE
PROVISION OF SERVICES TO THE SECTION OR
OWNER

11. SECTIONAL TITLES ACT
• SECTION 44 (1) (d) – AN OWNER SHALL
USE THE COMMON PROPERTY SO AS
NOT TO INTERFERE WITH USE AND
ENJOYMENT BY OTHER OWNERS
• SECTION 44 (1) (e) – AN OWNER SHALL
NOT USE HIS SECTION OR EUA IN A
MANNER WHICH CAUSES A NUISANCE

12. MANAGEMENT RULES
• MANAGEMENT RULE 29 –
INSURE ALL IMPROVEMENTS
TO THE COMMON PROPERTY

13. MANAGEMENT RULES
• MANAGEMENT RULE 33 (1) – TRUSTEES
MAY MAKE LUXURIOUS IMPROVEMENTS
TO COMMON PROPERTY (UNANIMOUS
RESOLUTION)
• MANAGEMENT RULE 33 (2) – TRUSTEES
MAY MAKE NON-LUXURIOUS
IMPROVEMENTS TO COMMON PROPERTY
(SPECIAL RESOLUTION)

14. MANAGEMENT RULES
• MANAGEMENT RULE 68 (1) (ii) –
OWNER SHALL NOT CONTRAVENE A
BY-LAW
• MANAGEMENT RULE 68 (1) (iii) –
OWNER SHALL NOT MAKE
ALTERATIONS WHICH IMPAIR THE
ENJOYMENT OF THE COMMON
PROPERTY, SECTIONS OR EUA’S

15. MANAGEMENT RULES
• MANAGEMENT RULE 68 (1) (iv) – OWNER
SHALL NOT DO ANYTHING LIKELY TO
PREJUDICE THE HARMONIOUS
APPEARANCE OF THE BUILDING
• MANAGEMENT RULE 68 (1) (vi) –
OWNER SHALL NOT CONSTRUCT OR
PLACE A STRUCTURE ON HIS EUA
WITHOUT TRUSTEES CONSENT

16. CONDUCT RULES
• CONDUCT RULE 4 – ALTERATIONS
AND ADDITIONS TO THE COMMON
PROPERTY
• CONDUCT RULE 5 – APPEARANCE
FROM OUTSIDE

17. SUMMARY
• SECTION, COMMON
PROPERY OR EUA?
• INSTANCE OF TRUSTEES OR
AN OWNER?
• TRUSTEES (COMMON
PROPERTY, OWNER (EUA)

18. HOA’S
• MEMORANDUM OF
INCORPORARION
• CONSTITUTION / RULES
• ARCHITECTURAL
GUIDELINES
• BY LAWS

19. WITH THANKS TO OUR AUDIENCE, AND
IN APPRECIATION OF THEIR SUPPORT