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  • #36456
    Jimmy-T
    Keymaster

      Just when we thought the government didn’t care about strata they come up with a pre-election announcement designed to raise the high-rise feelgood factor.

      According to this story in the Sydney Morning Herald, if re-relected, the government will make it easier for strata schemes to install solar energy to their buildings. This includes solar panels, batteries and charging points …
      https://www.flatchat.com.au/libs-vow-to-make-it-easier-to-vote-solar/

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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    • #36450
      Sir Humphrey
      Strataguru

        “Premier Gladys Berejiklian said the party, if re-elected, would introduce strata law changes to lower the voting threshold from 75 to 50 per cent, “to more easily install solar panels, battery storage and electric vehicle charging points in strata buildings.” ”

        https://reneweconomy.com.au/solar-powered-election-race-hots-up-as-new-round-of-pv-policies-unveiled-17900

        The ACT introduced a similar change in 2011 to enable ‘sustainability infrastructure’ to be installed on common property with a single ordinary resolution subject to a set of matters being included in the proposal such as a site map, a statement about how it would be funded, cost and benefits etc. In the ACT this is s.23 of Unit Titles (Management) Act 2011.

        To blow my own trumpet just a little, the ACT’s came out of difficulties in the strata development I live in. We had a majority in favour, twice, in 2009 but were unable to proceed with a solar PV array on a common property carport to offset the OC’s electricity account because we fell a few votes short of a special resolution after a negative campaign by a few owners. On a third attempt in 2012 it got up with 86% in favour, by which time we only needed an ordinary resolution.

        I hope the other NSW parties match this policy to ensure it goes ahead regardless of who wins.

        #36490
        AJP
        Flatchatter

          So, if you live in a strata complex that isn’t an apartment block, i.e townhouses and villas, do you need a special resolution or an ordinary vote to get permission to install solar panels? (My neighbour and I, in adjoining townhouses would like to install solar panels on a section of our roofs that would not be visible from the common property, the street or the windows of any other property in our complex.)

          #36493
          Jimmy-T
          Keymaster
          Chat-starter

            The chances are your roofs are common property so you will need a special resolution by-law agreeing to repair any damage to the roof from the installation of the solar panels, and to maintain the panels and affected areas in perpetuity.

            Ironically, just agreeing to that will scare many other owners off because suddenly you are talking about repairs rather than helping the environment.

            That said, if you put up a reasonable proposal that indemnifies the strata scheme, and it gets rejected, you can apply to NCAT for orders to compel the strata scheme to adopt the by-laws.  After that, it de[ends very much on the views of the Member – if they are a climate denier, you’re stuffed.

            The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
            #36494
            Sir Humphrey
            Strataguru

              I am not in NSW but my understanding is that if the roof is common property you need a special resolution but if the roof is part of your lot then it is up to what rules your OC has for approving alterations/additions to units.

              #36561
              Sir Humphrey
              Strataguru

                Now over to you NSWelsh to make sure the returned NSW LNP government gets moving on its plan to make it easier to install solar panels, battery storage and electric vehicle charging points in strata buildings. At the risk of being political, my impression of that side of politics is that they tend to be interested in the environment for about two minutes before an election but not so much afterwards.

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