Question: Our whole complex is being re-roofed. This will involve the removal and re-installation of solar panels on nearly half of the units’ roofs. Who is responsible for their removal and re-installation? The owner or the owners corporation?
Answer: The duty of the Owners Corporation may be to remove and re-install the solar panels if they are considered common property.
The question as to who is responsible to remove and re-install solar panels depends on a number of factors including whether or not the relevant owners obtained by-law approval to install their solar panels. Often, a by-law will require the owner to remove and re-install their installation to enable the Owners Corporation to fulfil their statutory repair and maintenance responsibilities.
While the installations are on common property, some case law suggests that if such installations exclusively service one lot, they remain lot property (and therefore the lot owner’s responsibility) irrespective of their location.
It is also unclear whether the individual owners or owners corporation installed the subject sustainability infrastructure. If the installation of the solar panels was carried out by the owners corporation on the common property and service more than one lot, they may be construed as common property for which the Owners Corporation is responsible to remove and reinstall.
We recommend you seek specialised strata legal advice because of the exposure to the Owners Corporation in case of damage to the solar panels the installation of which may or may not be regulated by the by-laws or Owners Corporation’s works.
So, yes, the duty of the Owners Corporation may be to remove and re-install the solar panels if they are considered common property for the purposes of Section 106 Duty of owners corporation to maintain and repair property (subject to any by-laws/special resolutions of the Owners Corporation).
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440