Would a by-law that charges owners for all power used from an existing body corporate supplied GPO in their garage comply with the Act's restrictions on altering owners' obligations?
Regarding the article on EV charging in garage GPOs on page 12 of The Queensland Strata Magazine (March 2025 edition), I'm seeking clarification on a common situation in older buildings. If an individual garage already has a body corporate supplied GPO used for general purposes, does the article suggest that a by-law could be introduced to mandate charging the owner for all power used from this existing GPO? This would seemingly allow the body corporate to send a usage bill, including administrative charges, even if the owner continues to use the GPO for its original intended purposes, and potentially offer a sub-meter as an alternative for EV charging. Would such a by-law be considered valid under the Act concerning the alteration of owners' obligations?
if the arrangements for EV charging relate to an exclusive use by-law, that by-law can include provisions about payment, which might include payment for usage and a billing amount.
Thank you for your comment. LookUpStrata always strives for the most accurate and objective information, so we always welcome input from readers.
In this case, your comments about by-laws are not quite correct. The limitations on by-laws are provided under Section 180 of the Body Corporate and Community Management Act 1997. There is nothing in this section about ‘altering the obligations of owners’. You may be referring to s180(6), which provides that a by-law cannot impose a monetary liability.
Importantly, that same subsection provides that this does not apply to an exclusive use by-law. Indeed, Section 192 of the Standard Module (equivalent provisions of other Regulation Modules) provides that an exclusive use by-law can require the payment of a monetary amount to the body corporate, or other owners, by the owner who enjoys the exclusive use by-law. So if the arrangements for EV charging relate to an exclusive use by-law – and we certainly know that has been and continues to be a scenario in several strata schemes – then that by-law can indeed include provisions about payment, which might include payment for usage and a billing amount.
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Chris is a strata unicorn: he is not a strata lawyer, manager or caretaker. He was Queensland’s Commissioner for Body Corporate and Community Management for over 5 years. That is the only role of its type in the world. Chris is also an owner in one strata scheme, and a tenant in another.
As Director of Strata Solve, Chris focuses on communications and strategic advice, rather than legal action, to solving strata problems. Strata Solve works with owners, committees, strata managers and caretakers to tailor practical solutions to stressful strata situations. Chris holds an Honours degree in Communications and is a nationally accredited mediator.
Chris is a regular contributor to LookUpStrata.
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