Question: Can a strata member (52%) stop me from putting a rooftop solar water system on my roof (48%) due to the exterior appearance of the lot? The other strata property would not see the solar water system.
Answer: Your neighbour could outvote your proposal.
To approve your installation, the owners corporation must pass a sustainability infrastructure resolution (i.e. less than 50% can vote against the resolution) via a by-law at a duly convened general meeting. So, yes, your neighbour could outvote your proposal. However, you may have recourse through NSW Civil & Administrative Tribunal that the owners corporation unreasonably refused your proposed installation. You would first require mediation. We recommend you seek legal advice should you pursue the matter at NCAT.
This post appears in Strata News #694.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
