Question: In my four lot strata scheme, the other three owners will not allow me to install solar panels. What are my options?
I own and live in a group of four strata units. At the two previous AGMs, I requested permission to put solar panels on my section of the roof. The three other owners vote no. The roof is sound and in good condition. Will strata laws in SA change and allow an owner to install solar panels?
Answer: Unit owners can apply to the Magistrates Court if they feel a corporation’s decision is unreasonable, oppressive or unjust.
Unfortunately, permission to install solar panels on the roof (common property) requires a special resolution. It is defeated if two or more owners vote against the motion in a group of four. If you feel the decision is unfair, you could request that a general meeting be called so you can discuss the proposal with the other unit owners to find out why they are objecting to the request.
If owners continue to vote against your request for solar panels, you can apply to the Magistrates Court under section 41A – Resolution of disputes. Unit owners can make an application under this section if they feel a decision of the corporation is unreasonable, oppressive or unjust.
Concerning amendments to the Strata Titles Act for all owners to install solar panels without approval, the Strata Titles Act is currently being reviewed. However, I do not believe there is any reference to solar panels in this draft.
This post appears in Strata News #653.
Carrie McInerney Horner Management E: carrie@hornermanagement.com.au P: 08 8234 5777