#52139
Casuarina
Flatchatter

    Set out below is our by-law that was recommended to us by another user of this forum when I asked a similar question a few years ago. It was passed unanimously at an EGM and the roof of our four unit complex has since been divided into five equal zones for the benefit of each apartment owner and the common area electricity circuit. Under the same by-law, space has been allocated in the basement car park for batteries. Overall, a successful result with a better than forecast return on investment of over 12%. Here is the by law:

    Special By‐Law: Equipment located on Common Property

    Where a proprietor of a Lot desires to place equipment such as hot water, solar systems or air conditioning systems on the common property,

    1) The proprietor(s) of the Lot concerned must apply for the works and be granted written consent by the Owners Corporation, and at its absolute discretion, prior to the commencement of any works.

    2) All works must be completed by suitably qualified, licensed, and insured trades persons where required.

    3) All works to be at the cost of the proprietor of the Lot concerned.

    4) Where an air conditioning or hot water system is used it must be located in a position directed by the Executive Committee. The system must not interfere with the use of the common property by any other Lot owner or resident.

    5) All pipework must be lagged and insulated in order to avoid any possibility of burning.

    6) Where solar systems are used:

    1. a) the costs of any works within the common property meter room and/or to the common property electrical distribution system as are required under any electrical regulation or standard are the absolute responsibility of the Proprietor/s concerned, and
    2. b) all frames and solar panels used must be securely fastened to the common property and in the position approved by the Executive Committee, and
    3. c) where required in that approval, the ability of the common property to support the load must be certified by an appropriately qualified person.

    7) All pipework, wiring and electrical conduits must be installed/positioned and fastened neatly on the common property, and where any components of the installation such as but not limited to the equipment, pipework, and electrical conduit has, by necessity, to be placed in a position that is visible on the front façade of the property, those components must be suitably screened or concealed from view in the terms given in the Executive Committee’s approval.

    8) Any damage to common property caused by the installation or ongoing use of the equipment must be rectified within 14 days of occurrence by the proprietor of the Lot concerned. Where the proprietor of the Lot/s concerned fails to rectify any damage the Owners Corporation shall be authorised by this Special By‐Law to have the work completed and charge any and all costs to the proprietor(s) concerned.

    9) All costs of maintaining and/or replacing any and all components of any equipment including hot water, solar systems or air conditioning systems placed on common property under the provisions of this Special By‐Law are forever the absolute responsibility of the Proprietor/s concerned.