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As electric vehicles (EVs) become increasingly common on South African roads, Sectional Title schemes are also starting to receive more requests from owners who want to install charging stations at their homes.
And according to Andrew Schaefer, MD of leading property management company Trafalgar, schemes that deal proactively with this issue now are likely to avoid uncertainty and disputes later. “EVs are steadily becoming part of everyday life, and every scheme will eventually have to deal with the charging station issue, so it is important that trustees and owners understand the correct legal process and put sensible rules and procedures in place now.”
To start with, he says, requests for the installation of EV charging stations should be viewed in much the same way as requests for other improvements in ST schemes, such as generators, electric fencing, high-speed internet connections, solar panels, or water backup systems.
“In other words, the first consideration would be where the charging station would be installed. If it were installed inside an owner’s section, such as a garage, it would only require the trustees’ permission; if it were located in an exclusive-use area like a garden linked to the owner’s section, it would require only an ordinary resolution of the body corporate to be approved.
“However, if the installation had to be on common property, trustees and owners would need to follow the procedures set out in the Sectional Title Schemes Management Act (STSMA) for making improvements to the common property, which include obtaining the written consent of all owners in the scheme.”
In terms of the STSMA, there is one relatively easy process to follow for making improvements that the trustees and owners decide are necessary (non-luxurious), and another for making improvements that have been deemed unnecessary (luxurious).
In the case of a necessary upgrade, such as basic paving, for example, the trustees must provide all owners with at least 30 days’ written notice detailing the costs of the proposed upgrade and how these will be funded. If no owner objects, the work can then go ahead. But to proceed with an upgrade that cannot reasonably be said to be “necessary”, a unanimous resolution of the body corporate is required, and that is very difficult to get.
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“So when considering any improvement on common property, the trustees first need to determine whether the proposed installation is necessary, who will benefit from it, and what impact it will have on the scheme. And it is frankly unlikely at this stage that an EV charging station would be categorised as a necessary improvement that would benefit most residents and should therefore be paid for and maintained by the body corporate,” Schaefer says.
“The most practical solution in most cases would thus be for the station to be installed either within the owner’s section or in an exclusive-use area allocated to that owner. This would make it clear that the owner using the station is responsible for its maintenance, repairs, and electricity consumption, rather than passing those costs on to all owners in the scheme.”
He says trustees would also be entitled to impose reasonable conditions before approving any installation. These could include requiring the work to be carried out by a qualified electrician, insisting on a Certificate of Compliance, ensuring compliance with SANS standards and municipal regulations, and obtaining confirmation from an electrical engineer that the scheme has sufficient electrical capacity to support a charging station without any risk of overloading transformers or distribution boards.
“They should also consider issues such as fire safety, any additional insurance requirements and possible liability for any damage caused by the installation. The owner who is installing the charging station may then need to indemnify the body corporate against any claims arising and obtain additional personal liability cover.”
Meanwhile, Schaefer says, trustees need to start thinking ahead on this issue. “One charging station may be easy to accommodate, but what happens if 10 or 20 owners all want to install chargers in the future? The demand for EVs is growing, and we believe ST schemes should start planning now for this increase and the possible impact on infrastructure and electricity costs.
“One of the most effective ways for them to do this would be to introduce a formal Conduct Rule dealing specifically with charging stations. This could set out the application process, technical requirements, cost allocation, usage rules, and maintenance responsibilities from the outset. And it would provide clarity for everyone and avoid future disputes.
“Like all new Conduct Rules, though, it would need to be approved and registered by the Community Schemes Ombud Service (CSOS) before it could be put into effect.”
