#62654
Jimmy-T
Keymaster
Chat-starter

    There is nothing here to say that Sustainable Infrastructure Resolutions can somehow by-pass the usual s108 requirements.

    In the legal section of the guide to installing EV charging, which you quote, it says:

    You need to read this along with the Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020– external site. This categorises the installation of EV charging infrastructure as a sustainability infrastructure upgrade and replaces the special resolution previously required under section 108 of the SSMA 2015. 

    Isn’t that clearly and specifically by-passing the Section 108 requirements.

    Enlightened buildings will take the whole of building approach in their planning and in the approvals they give …..from day one.

    And unenlightened buildings will use the confusion around all this and the scale of a “whole building” approach to avoid doing anything.  The guide that you quoted proposes a structured approach based on a mixture of current and anticipated demand.

    Back to our doctor….connecting a charger to common property power is very different to extending kitchen power points on your own supply.

    And wanting to attach a meter to an existing power point so that he could charge his car overnight is very different from installing a three-phase dedicated fast-charging point.

    Perhaps my points were a little broad.  But if every strata scheme requires a “whole building” plan before any owner can plug their car into the mains and pay for the “charge-up” by meter or guesstimate, then only the residents of blocks with progressive and far-sighted committees, plus healthy capital works funds,  will be able to have EVs.

    The laws are confusing and apparently contradictory and that is being used to stymie progress.

    Moving to EV charging  can be done in increments until demand approaches capacity and forces the owners corporation to consider its next step.  But we are a long way off that, with only 21,000 EVs and 600,000 strata blocks.

    In the case of the doctor, he was denied the opportunity to have an electric vehicle because the strata manager and committee came up with erroneous reasons and dubious interpretations of strata law to stop him.  And right now, ignorance of what can be done is dumping EVs into too many too-hard baskets.

    Section 132B instructs the strata scheme to consider who will pay for the ongoing repairs and maintenance of the altered common property. If you have an agreement on that as a condition of approval under a Special Sustainability Resolution, then surely you don’t really need a by-law.

     

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.