Question: Can a NSW owners corporation have a bylaw stating they will never allow solar?
I know of a NSW strata scheme that had an agenda item put to its AGM to create a bylaw to “never allow roof top solar” installations.
We need better legislation, with greater focus on it being a right of owners to install solar when all things technical like roof type, orientations and fair allocations can be met.
Sustainable Infrastructure Initiative voting thresholds don’t go far enough to counter the objectors.
The owner in the owners corporation suggested to me, “how can I be EV ready and self generate from my own solar generated power” in a NSW strata building?
Answer: If an owner was to put up a by-law for roof top solar and it was refused by the owners corporation, the owner would have avenues through mediation and NCAT proceedings to seek an order that the owners corporation has unreasonable refused consent to the make of the by-law.
A by-law prohibiting the installation of roof top solar, in my view, would likely to be found as harsh, oppressive or unconscionable under section 139(1) of the Strata Schemes Management Act 2015. Furthermore, it is also likely to be found as an attempt to contract out of the Act in contravention of section 270 of the Strata Schemes Management Act 2015.
If an owner was to put up a by-law for roof top solar and it was refused by the owners corporation, the owner would have avenues through mediation and NCAT proceedings to seek an order that the owners corporation has unreasonable refused consent to the make of the by-law.
This post appears in Strata News #566.
Matthew Jenkins Bannermans Lawyers E: enquiries@bannermans.com.au P: 02 9929 0226