The story about the doctor who was told that he could not install EV charging in his car space raises important issues, and the podcast helps us understand them, but our sympathies for the doctor, and tugs at the heart strings, must be tempered by the legal realties of strata living…
“It says in strata law, that if you want to make a change to common property that is environmentally sustainable, it’s a minor renovation. It does not require a bylaw.”
Hmmm…
It is great that strata law is moving to make EV charging ( & solar pv) easier to get going in a strata building. s132B of the SSMA provides for these sorts of changes to common property to be the subject of a Sustainability Infrastructure Resolution that only requires a simple majority to get passed – no longer 75%. And the same applies to any by-law associated with the measure.
(b) to add to the common property, alter the common property or erect a new structure on common property for the purpose of installing sustainability infrastructure,
(c) to change the by-laws of the strata scheme for the purposes of the installation or use (or both) of sustainability infrastructure.
However…
There is nothing here to say that Sustainable Infrastructure Resolutions can somehow by-pass the usual s108 requirements.
The usual processes of s108 to authorise changes to common property still need to be followed and sustainability by-laws need the Consent of affected lot owners. s108 even references sustainability infrastructure resolutions.
So where does it say you don’t require a by-law and a general meeting resolution ?
s110 which deals with the approval of Minor Renovations is typically delegated to the Strata Committee and includes at s110 (3) (d)
“installing or replacing wiring or cabling or power or access points”
You would really have to doubt whether this was intended by the legislators to cover anything more than putting in an extra powerpoint or two in an apartment kitchen.
Any view that it somehow includes EV charging conflicts with the NSW government recently released Guide to Making your Residential Strata EV Ready which does not envisage strata committees providing consent without both by-laws and sustainability infrastructure motions passed at a general meeting of owners
If EV charging is approached in a piecemeal fashion, without any strategic planning, the owners corporation’s buildings are going to end up with legacy arrangements that could well conflict with a whole of building approach – that gives full consideration to electrical loads etc.
Enlightened buildings will take the whole of building approach in their planning and in the approvals they give …..from day one.
Back to our doctor….connecting a charger to common property power is very different to extending kitchen power points on your own supply.
John Hutchinson
m: 0418 797470 e: john.hutchinson@strataanswers.com.au
S T R A T A A N S W E R S PTY LTD practical solutions for strata living
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http://www.strataanswers.com.au