Solar for Exclusive Use

I’d be tempted to wait and see if the strata law change (the one that had the “compulsory pets” amendment attached to it) come through.  That could allow you to make sustainable changes to common property without needing a by-law.

My understanding of the Sustainability Infrastructure amendment  is that enables the passing  of Sustainability Infrastructure Resolutions for such things as solar installations with a simple 50% majority.

Issues around the ownership of panels, common property rights and the responsibilities for  maintenance will clearly have to be addressed in a manner that binds both the affected lot owners and the OC. In other words where  individual owners are impacting on common property there will still need to be by-laws. Even if the solar infrastructure is OC owned, there will still most likely be a need for a by-law to regulate owner usage etc.

This amendment does not do away with the need for by-laws but in effect means that by-laws relating to sustainability infrastructure can be passed with a 50% majority of those present at a meeting.

John Hutchinson
S T R A T A  A N S W E R S  practical solutions for strata living

Ethicsfirst wrote:

Jimmy, could you please give me a reference or link to the strata law change you mentioned.

Strata Answers have pretty much covered it in their response below yours.

Set out below is our by-law that was recommended to us by another user of this forum when I asked a similar question a few years ago. It was passed unanimously at an EGM and the roof of our four unit complex has since been divided into five equal zones for the benefit of each apartment owner and the common area electricity circuit. Under the same by-law, space has been allocated in the basement car park for batteries. Overall, a successful result with a better than forecast return on investment of over 12%. Here is the by law:

Special By‐Law: Equipment located on Common Property

Where a proprietor of a Lot desires to place equipment such as hot water, solar systems or air conditioning systems on the common property,

1) The proprietor(s) of the Lot concerned must apply for the works and be granted written consent by the Owners Corporation, and at its absolute discretion, prior to the commencement of any works.

2) All works must be completed by suitably qualified, licensed, and insured trades persons where required.

3) All works to be at the cost of the proprietor of the Lot concerned.

4) Where an air conditioning or hot water system is used it must be located in a position directed by the Executive Committee. The system must not interfere with the use of the common property by any other Lot owner or resident.

5) All pipework must be lagged and insulated in order to avoid any possibility of burning.

6) Where solar systems are used:

1. a) the costs of any works within the common property meter room and/or to the common property electrical distribution system as are required under any electrical regulation or standard are the absolute responsibility of the Proprietor/s concerned, and
2. b) all frames and solar panels used must be securely fastened to the common property and in the position approved by the Executive Committee, and
3. c) where required in that approval, the ability of the common property to support the load must be certified by an appropriately qualified person.

7) All pipework, wiring and electrical conduits must be installed/positioned and fastened neatly on the common property, and where any components of the installation such as but not limited to the equipment, pipework, and electrical conduit has, by necessity, to be placed in a position that is visible on the front façade of the property, those components must be suitably screened or concealed from view in the terms given in the Executive Committee’s approval.

8) Any damage to common property caused by the installation or ongoing use of the equipment must be rectified within 14 days of occurrence by the proprietor of the Lot concerned. Where the proprietor of the Lot/s concerned fails to rectify any damage the Owners Corporation shall be authorised by this Special By‐Law to have the work completed and charge any and all costs to the proprietor(s) concerned.

9) All costs of maintaining and/or replacing any and all components of any equipment including hot water, solar systems or air conditioning systems placed on common property under the provisions of this Special By‐Law are forever the absolute responsibility of the Proprietor/s concerned.