Advice on permitting individual residents to install electricity generators as an alternative source
Category Advice
Now hear this! Advice on permitting individual residents to install electricity generators as an alternative source of energy during load shedding
South Africa, having not yet obtained the status of a developed (or civilised) country - experiences almost daily load shedding. As a consequence, I was recently asked by a neighbour in our retirement village, whether I would object to her installing an inverter generator. Now, our two cottages are semi-detached with only a single, short section of brick-wall separating the outdoor areas in which the inverter generator would be positioned. There had already been complaints regarding generators in a neighbouring retirement facility - the nearest unit of which was at least 70 yards away... and as a result, I was immediately reluctant to agree to her request, but undertook to investigate the matter. My findings were as follows: Requirements in South Africa. Firstly, it is agreed that where the generator is required to provide power to a care centre or other facility providing care or assistance to vulnerable people - then there is no question that the installation of a generator takes precedence over individual feelings and concerns. Secondly, all residents in retirement villages are required to live in harmony with each other, and as such noise pollution, such as that created by an inverter generator, would not comply with the 'harmony' requirement. However the following legal aspects should be taken into consideration: Installing a Generator on Common Property (source unknown) PMR 29 of the STSMA deals with improvements or alterations to the common property and, accordingly, the installation of a generator on the common property could be considered to be an improvement or alteration to the common property. It is, thus, the responsibility of the members of the body corporate ("BC") to determine if the improvement or alteration (in this case the generator) to the common property is "not reasonably necessary or luxurious" or "a reasonable necessary or non-luxurious" improvement or alteration to the common property. In event that an improvement to the common property is deemed not reasonably necessary or luxurious, then a unanimous resolution of the members is required. Accordingly, Trustees can only carry out such 'installations/changes' if the BC passes a unanimous resolution to do so. What makes an improvement necessary? Whether an improvement or alteration to the common property is necessary and useful is dependent on each individual scheme. In many schemes, the instillation of a generator on common property is considered to be a reasonable necessary or non-luxurious improvement to the common property, because it permits the members to receive electricity supply during critical times (for example, during the night) to power their security systems which protect them from theft/harm, and it prevents them from suffering loss in the form of food rotting in fridges, or business interruptions (when there is no power to home computers). However, each scheme is different and in some schemes the installation of a generator on common property may be considered to not be a reasonable necessary or non-luxurious improvement to the common property. For example, if the scheme already has a generator or large solar power generating capacity, it might be found that it is not reasonably necessary to install another. If the instillation of a generator is deemed by a particular scheme to be a reasonable necessary or non-luxurious improvement to the common property, a special resolution of the members will need to be obtained prior to the generator being installed and, in terms of PMR 29(2), the Trustees would be required to notify the owners of: ... the need for the generator; ... the cost of same; and ... how the generator will be funded. If the Trustees do not receive a request for a meeting to discuss the installation of the generator within 30-days, they may proceed with the installation of the generator on the common property. In event that the Trustees, during the notice period (30-days), receive a request for a general meeting to discuss the proposal from any member, the proposal must not be implemented (i.e. the generator must not be installed ), and a general meeting must be held to discuss the generator with all members. If a general meeting is held, as referred to above, a special resolution will need to be adopted by the members at the meeting prior to the generator being installed. Noise Pollution Noise pollution can be described as unwanted or offensive sounds that unreasonably intrude into people's daily activities. Our law makes a distinction between 'disturbing noise' - which is "objective and is defined as a scientifically measurable noise level," and "'noise nuisance",' which is "a subjective measure and is defined as any noise that disturbs or impairs or may disturb or impair the convenience or peace of any person". Both are illegal in terms of the Environment Conservation Act (73 of 1989) and the Noise Control Regulations. Generators are usually "noisy" and many people are of the opinion that generators cause "noise pollution". It is, thus, important to consider where on the common property the generator should be located, in order to cause the least damage and noise to members.... In this regard, the minority residents closer to the generator experiencing noise pollution, could raise their objections to have the generator installed and/or removed from the scheme. However, in order to prove that a noise nuisance exists, a reasonable person must find a certain noise intolerable or seriously affecting his/her enjoyment of his/her property. This test ensures that a resident that is overly sensitive to any noise is not permitted to prejudice the rights of all others in the scheme by having it removed as a result of their over-sensitivity. It must be noted that load shedding in South Africa is experienced for only a few hours within a day (3 to 6-hours) depending on what stage of load shedding takes place and common generators installed in many sectional title schemes allow all members of the scheme to enjoy the continued use of electricity and ensure the safety of the sectional scheme. Furthermore, 'neighbour law' exists as a mechanism to balance the rights of neighbours "where competing interests exist." In light of the above, owners' rights to use and enjoyment of their own property are not unlimited - they are subject to the rights of others (i.e. their neighbour's) to use and enjoy their own property and the competing rights have to be balanced where there is a conflict. If a dispute exists regarding the proposed installation and/or the location of a generator, you should assist in resolving the dispute. (The attorney) We may, in certain cases, advise that the matter should be taken before the Community Schemes Ombud Service ("CSOS") or brought before a relevant court to resolve the issue, or there may other avenues in which the dispute can be resolved (such as through mediation or arbitration). Regulations for installing standby generators When installing generators, the following should be considered: Generators should only be in operation during main power outages. However, it may run when required for service and maintenance work, between the hours of 09:00am to 17:00pm, Monday to Friday. Fuel storage should be positioned and secured in a place that eliminates potential risk of fire and away from children's reach. In neighbouring residential areas, the maximum noise level a generator can produce when operational at maximum capacity measured indoors, with open windows may not be greater than 25dB. At a distance of 7 to 8 meters, the maximum noise level should not exceed 55dB. Should the generator fail to meet these requirements, it shall be removed from the site. Section 39(4) further states that generators should be installed on the consumer's property. Therefore, should not exceed building lines or be visible from the road and adjoining properties. .................... Amended from an article Courtesy of Sunburst Electric Note: If you are looking for a camping generator, be sure to check the decibel level of each unit. Generally speaking, anything less than 60 dB (decibels) should be fine (human conversation is 55-60dB).
Author: Henry Spencer