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due to the energy crisis and my increasingly smaller buget,

 
Mike Otis's Avatar
  • Answered by:Mike Otis
  • Legal Counsel
  • Positive Feedback: 95.9 %
  • Accepted Answers: 1737
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in South Africa Law

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Customer Question

due to the energy crisis and my increasingly smaller buget, after much research and consulting many different companies at my towhouse then obtaining a loan,I had a Heatlink Solar system installed. My electricity has dropped from R500 - R800 to R270 now R170 and this it being the coldest weather so far. I a now told to remove the system as only a spit system it is allowed on the roof [split system it is not as effective as the attached cylinder like mine, not maintenance free/ guarenteed against freezing and is much more expensive... I could not afford extra cost or climbing up to check if all it is ok/ resetting thermostats]. I did show to the chairman of trustees before the picture pamphlet of show special, he verbally agreed now he denies seing this, and now after m communications i receive th trustees e-mail it is to be removed. Please Sir or Madame, I need your help, I am not ably to afford another unit of split system, I cannot afford to lose the R13300 I am still paying back wit interest. Shandor Daolio. cell XXXXXXXXXX

 

Optional Information:
Province: Gauteng

Already Tried:
They refuse to talk so is first by sms then by e-mail only; already Heatlink they have returned and lowered the unit so is much less visable. Now they say I have not communicated wit them and I or they shall remove the solar system from my roof.

Submitted: 692 days and 16 hours ago.
Category: South Africa Law
Value: R 247
Status: CLOSED
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Expert:  Mike Otis replied 692 days and 16 hours ago.

Welcome, and thank you for your question.

What kind of complex are you living in? Is it a sectional title complex?

Does the complex rules make any provision for attachments to the outside of units, and if so, how consent must be obtained from the trustees?

Yours faithfully,

Customer replied 692 days and 12 hours ago.

Ciao XXXXX XXXXX Otis, thank you your quick response. Lone Croft is sectional title. Developed +_ 30 years ago is soon going to have all PQ' remeasured as in some of the 16 units owners have added or changed, not all looking the same. a couple of units they have old solar systems already in place.; new sectional title rules have come into play. Permission it is in writing however at the time i wished to install, I explained and showed to the chairman, also told to one of three Trustees my intention explaining that my computer it was out of order after which my daughter has it to download and do her Unisa studies.. I sent also to each a sms adding that I would follow it wit a e-mail when repaired. On verbal ok and to meet in time the special price offered, just over the loan I received for a solar system, all the companies said prices would increase after the show which they have in fact done. The solar system it was installed. A few weeks passed I received a e-mail from Constantia Sectional Title management berating me for omitting to send written word by e-mail, that the unit it is a eyesore, that insurance is required and only panels they are allowed. I replied by e-mail also copying chairman and all trustees appologising for having totally forgotten to do so, explaining the verbal agreements, also including all the information of this system and my research. Heatlink they came and repositioned the system. I again notified CSTM and chairman and trustees also that my bond holder ABSA could not come immediatly to assess re insurance. about two weeks later I receive on 30th Monday nite a e-mail from the chairman stating that they have not received any communication from me, that the solar system has to be removed as is against rules and sectional title. I cannot afford the Split system / high electricity bills / to lose the money paid for it, I still am owing R12000 plus interest on the loan. Alora, I thought going solar it would be a help. Does this explain everything? Shandor Daolio.

Accepted Answer

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Expert:  Mike Otis replied 691 days and 10 hours ago.

I'm afraid that matters do not look favourable for you. According to the rules, you were required to obtain written authority before proceeding, which you have not done. That means that you are in violation of the complex rules. Part of the trustees' duties are to enforce the rules of the complex. They are therefore entitled to have the solar heater removed if you do not.

Yours faithfully,

Expert TypeLegal Counsel
Category: South Africa Law
Pos. Feedback: 95.9 %
Accepts: 1737
Answered: 6/2/2011

Experience: B.Comm; LL.B; LL.M.

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