Scary solar stories in sectional title and how to avoid them
12 November 2025 | Sarah Sydenham and Nicole Tavares
This Halloween, TVDM Consultants hosted the first ever open “block party” in Our Neighbourhood, where all Our Neighbourhood members were invited to share fearsome tales from their community schemes.
Our Neighbourhood, a community building platform, is a space where members can engage and network with others in the community schemes industry by offering access to resources, current industry events, a service provider directory and interesting discussions.
Once a month, the experts at TVDM Consultants host a Live Discussion for paying Neighbours to promote innovative conversations in real-time, producing solutions specific to the Neighbours’ community scheme-related questions.
One of our Trick-or-Treaters started a chilling discussion about solar panels in community schemes by telling the following ghost story:
In Mayhem Mansions Body Corporate (“the body corporate”), an owner installs solar panels to the common property, and Lithium-ion backup batteries, within the section, both without the prior written trustees. The body corporate has the Prescribed Management and Conduct Rules, which make no mention of solar panel installations. One fateful night during a hailstorm, the panels are severely damaged, which results in a power surge and completely damages the backup batteries.
This raises some serious questions…
1. Is this covered by the body corporate’s insurance policy?
In an article written by one of our expert Neighbours, Mike Addison of Addsure, on: What you need to know about insurance for solar panels in a sectional title scheme, Mike explains that usually solar panels are installed on common property and the batteries/inverter are located within the section. Typically, depending on the specific policy, solar panels are covered as part of the building for normal risks, including storm damage. However, the insurance broker must be notified of any solar panel installations together with any backup batteries/inverters, allowing the body corporate to correctly update their Schedule of Replacement Value.
During the Live Discussion, many members contributed to answering this question with the overall consensus being that the insurance policy should have been updated to reflect these installations.
2. Failure to Insure - Can the Managing Agent and/or Trustees be held liable?
In the tale of Mayhem Mansions, it is confirmed that the Managing Agent was never informed of the installations nor did they update the body corporate’s insurance policy accordingly. In this regard, while a Managing Agent could provide practical examples and guidance regarding the installation on common property and within a section, the Managing Agent would only be able to update the body corporate’s insurance policy upon instruction to do so by the Trustees.
But in our tale, the Trustees were also never formally notified of the installations, as no application for approval thereof was ever received. In terms of the Sectional Titles Schemes Management Act 8 of 2011, the Trustees have a fiduciary duty to act in the best interest of the body corporate and its members.
The owner argued that because the installation did not appear out of thin air, reasonably a Trustee should have taken notice of the solar panel installation on common property and investigated. Nevertheless, an owner of a section is still bound by the Management and Conduct Rules of the body corporate, upon becoming a member of the scheme.
That being said, while the owner took it upon themselves to install the solar panels on common property without permission, it is ultimately the responsibility of the body corporate, to address a breach of the Rules.
3. Who is responsible for the repair costs?
In this scenario, because the solar panels are located on common property, in the unlikely event that the insurance covers any part of the resultant damage, the excess would need to be shared amongst all of the members. However, if it can be proven that the damage arose from the negligent conduct of the owner who installed the inverter and the solar panels, the other members would have a claim against the negligent owner.
All costs relating to the installation of the backup batteries/inverter would be borne by the owner as they were installed within the section and remained their property.
Don’t become an urban legend!
See something, say something. If you notice any peculiar installations popping up in your scheme, reach out to your Trustees to make sure everyone has dotted their “i’s” and crossed their “t’s” and that your body corporate’s insurance is up to date.
Should you have any other questions about solar, inverter or backup battery installations or need a rule to cover regulate these installations, don’t hesitate to reach out to TVDM Consultants by calling 061 536 3138 or emailing info@tvdmconsultants.com to find out how we can assist you.
Our next Our Neighbourhood Live Discussion is scheduled for 28th November 2025, be sure to secure your spot by becoming a paid Neighbour to make sure you don’t miss out.
Are you interested in becoming a neighbour? Join Our Neighbourhood today!
Read about Mike Addison’s article on: What you need to know about insurance for solar panels in a sectional title scheme.
** Disclaimer: Mayhem Mansions body corporate constitutes a fictional scheme. Accordingly, all events and circumstances pertaining to it are presented as entirely hypothetical. Any similarity or resemblance to actual individuals, organisations, or operating schemes is unintentional and purely coincidental.
About the Authors:
Sarah Sydenham is a community schemes consultants at TVDM Consultants.
Sarah is also an admitted attorney, brings a well-rounded legal background and a passion for community schemes to her role.
After completing her LLB at Stellenbosch University, Sarah pursued an LLM in Public Law at the same institution, where she was supervised by the former Public Protector, Professor Thuli Madonsela. During the final year of her master's degree, she worked at the Law Faculty's Social Justice Centre, understanding the practical influence of the law in everyday life.
Learn more about Sarah Sydenham.
Nicole Tavares is a Co-Founder and Director of TVDM Consultants.
Nicole started out her career with a focus on business studies, following which her journey in property law began. She embarked on paralegal and conveyancing courses, which allowed her the opportunity of joining Herold Gie Attorneys, where she was a correspondent conveyancing secretary.
Nicole continues to add to the community schemes industry with her experience in property, dispute resolution and business management, and is in the process of completing her BCom (Law) degree.
Learn more about Nicole Tavares.