New problem for estates and gated communities that could end up in court in South Africa

The growing adoption of electric vehicles (EVs) has created a new problem for South Africa’s estates and gated communities.

These schemes are increasingly facing requests for charging stations for these vehicles, but the absence of clear rules means the issue could soon land some schemes in court.

This is the feedback from Johlene Wasserman, Director of Community Schemes and Compliance at VDM Incorporated.

She said that no South African court or Community Schemes Ombud Service (CSOS) adjudicator has issued a ruling on EV charging disputes within body corporates or homeowners’ associations—but that is unlikely to last.

Wasserman noted that trustees are already under pressure from residents to approve EV chargers in shared parking areas, often without the legal framework, electrical capacity, or billing systems needed to support them.

“Every trustee in this country should have an EV charging policy on the agenda of their next meeting. If it isn’t on yours, ask why,” she said.

“The first ruling on EV charging in a scheme is coming, and no trustee wants their scheme to be the test case.”

The urgency has been heightened by a recent Supreme Court of Appeal ruling. The court confirmed that complex disputes in community schemes can be brought directly to the High Court rather than through CSOS.

Wasserman explained that the ruling changes the financial calculation for every trustee. A CSOS adjudication costs R100.

A High Court application starts in the tens of thousands and can run into hundreds of thousands of rands once it is opposed.

“If your scheme doesn’t have a written EV charging policy and an owner or objector takes you to court, you are defending a case you should never have had to fight.”

However, she said that part of the challenge is that trustees are being forced to regulate technology that did not exist when many schemes were built.

“Without rules, even well-intentioned owners create serious risk, and temporary extension leads across common property have a habit of becoming permanent.”

Advice for both trustees and residents with EVs

Wasserman said trustees are grappling with a range of urgent questions around EVs that need answers.

These include who can install chargers on or near common property, how electricity usage will be measured and billed, and who is liable if faulty installations damage shared infrastructure.

“Without a policy, these decisions are made inconsistently—which is the single biggest risk, because inconsistent treatment of owners is fertile ground for a CSOS referral or a High Court review,” she said.

However, she added that while South African legislation does not explicitly address EV charging, existing laws still apply.

The Sectional Titles Schemes Management Act, the Community Schemes Ombud Service Act, and prescribed management rules all predate EV technology but impose duties on trustees.

“Section 5(1)(b) of the STSMA requires trustees to act in the best interests of the body corporate,” Wasserman explained, adding that this includes protecting communal infrastructure and finances.

She noted that electrical compliance standards, such as SANS 10142, and municipal bylaws must also be followed, while the Electricity Regulation Act governs how electricity can be recovered from EV owners.

The financial implications are significant for any scheme. A standard 7kW home charger can add roughly R2,500 to R4,000 per car to the communal electricity bill each month.

In a scheme with ten EV owners and no sub-metering, that’s around R40,000 a month being absorbed into the levy base and paid by owners who may not even own cars.

Wasserman advised schemes to act proactively by adopting formal EV charging policies, commissioning load assessments, installing sub-metering, and recording clear agreements with owners.

She also advised EV owners to apply before installing chargers, use qualified electricians, and accept the associated costs and liabilities.

“The schemes that will pay the most are the ones that approved installations informally three years ago and now can’t undo them,” she said.

“The schemes that will pay the least are the ones that write the rules before their first application arrives. There is no third option.”