Flat Chat Forum By-laws and outlaws Current Page

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  • #51964
    AvatarEthicsfirst
    Flatchatter

    We are considering installing a solar system for our exclusive use in a medium sized complex. We understand the need for a special use by-law and wondered if there is a model by-law that has already been used or drafted for the purpose.

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  • #52020
    Jimmy-TJimmy-T
    Keymaster

    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.

    #52014
    AvatarEthicsfirst
    Flatchatter
    Chat-starter

    Thanks Sir Humphrey,

    It would be on the roof of an individual apartment, where there is more than enough space. It is a common property roof but is not on top of any other apartment. Another issue is in relation to placement of any battery and installing the connection between the solar array and the battery, which would need to pass through or across common property from the roof.

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

    #52016
    Strata AnswersStrata Answers
    Flatchatter
    (from NSW)

    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

     

    #51997
    Sir HumphreySir Humphrey
    Strataguru

    Would this be a solar PV system on the roof of an individual townhouse or on the common property of a block of flats? If the latter, I’d suggest that the limited roof space of a block of flats would be better off used for a communal purpose owned by the Owners Corporation rather than given over to one owner. You might want PV or a roof garden or a BBQ area with potted palms or solar preheating for the hot water system.

    #51981
    Jimmy-TJimmy-T
    Keymaster

    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.

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Flat Chat Forum By-laws and outlaws Current Page