Generators – Noise in a Sectional Title Complex
Dealing with the incessant issue of noise in sectional title
complexes, particularly concerning the use of generators, is a multifaceted
challenge governed by South African law. The persistent hum of generators has
not only become a point of contention but also a potential hazard to health
within these tightly knit communities.
The Load Shedding Dilemma
In the wake of South Africa's extensive load shedding crisis,
residents were left with no recourse but to seek alternative energy solutions,
with generators emerging as a popular choice. However, in high-density
community schemes like sectional title complexes, the use of generators poses
significant challenges. Not only are these machines inherently noisy, but they
also emit fumes that can compromise residents' right to quiet enjoyment of
their property and their health.
Regulating Noise: Conduct Rules and Legal Obligations
Noise levels within sectional title complexes are typically
regulated by conduct rules, often outright prohibiting the installation of
generators. Additionally, the Sectional Titles Schemes Management Act lays down
specific provisions (sections 3(1)(d) and (e)) that prohibit owners from using
common property in a manner that unreasonably interferes with others' lawful
use or causes a nuisance to fellow occupants.
Owner and Trustee Responsibilities
The Act imposes duties on both owners and trustees to ensure
that the use of generators does not disrupt the peace and quiet of the complex
or infringe upon the rights of other members. Despite this legal framework,
trustees have sometimes been reluctant to intervene in generator-related
disputes, mistakenly categorizing them as mere neighbourly disagreements.
However, trustees are mandated by law to enforce compliance
with noise regulations and take reasonable steps to mitigate disturbances
caused by generators. This includes ensuring that no member uses common
property or their own section in a manner that constitutes a nuisance or
disrupts others' enjoyment of the premises.
Compliance with Noise Control Regulations
Furthermore, trustees must ensure compliance with Noise
Control Regulations, 1999, which prohibit the creation of disturbing noises by
any means. This underscores the trustees' responsibility to safeguard the
rights of all complex occupants and prevent any activities that could breach
noise regulations.
Regulation and Permissible Use
Despite the stringent regulations, there are scenarios where
the use of generators may be deemed acceptable within a sectional title
complex, provided that adequate governance measures are in place. These could
include rules specifying the types of generators permitted, installation
locations, and designated operating times.
Intervention and Enforcement
Should an owner or occupier breach the Act or the complex's
rules regarding generator use, trustees are duty-bound to intervene and protect
the rights of other residents. This may involve issuing warnings, fines, or
taking legal action if necessary.
In conclusion, while generators offer a practical solution
to power shortages, their use within sectional title complexes must be
carefully regulated to prevent noise disturbances and ensure the peaceful
coexistence of all residents. Effective governance, legal compliance, and
proactive management are essential for maintaining harmony within these
communal living spaces.
