@JimmyT said:
This is a question for PeterC – what is the rule or by-law in the ACT about not being able to prevent changes that are beneficial to the environment? Is that a planning thing or does it apply to strata by-laws too. For instance, would the installation of an electric car charging station be exempt for restrictions on changes to common property?
It comes from the Unit Titles (Management) Act 2011.
An ordinary resolution would be sufficient to install a charging station on common property for general use if the various requirements of s.23 below are satisfied.
The EC could approve it for the use of an individual unit owner as a ‘minor use’ of common property if it would not interfere with reasonable use and enjoyment of common property by other unit owners or be detrimental to safety or the appearance of the common property.
IE it would be OK if next to an unit owner’s parking space and not getting in anybody’s way. On the other hand, if it effectively gave a common property parking space to the exclusive use of one unit owner it would require a special privilege (unopposed resolution) for the parking space.
If it were for installation within a unit area then any rule that would prevent it would be of no effect. s.108(3)d.
s.108(3)d “An amendment to the rules of an owners corporation has no effect to the extent that it results in the rules— … prohibiting or restricting the installation, operation or maintenance of sustainability or utility infrastructure.”
s.23 Installation of sustainability and utility infrastructure on common property
(b) approve the financing of the installation of the sustainability or utility infrastructure; and
(c) grant an easement or any other right over any part of the common property for the purpose of the installation, operation or maintenance of the sustainability or utility infrastructure.
2) The owners corporation may only approve the installation, and financing, of sustainability or utility infrastructure under this section if satisfied, after considering the following, the long-term benefit of the proposed infrastructure is greater than the cost of installing and maintaining the infrastructure
(a) a site plan of the proposed infrastructure;
(b) a maintenance plan for the proposed infrastructure;
(c) if the proposed infrastructure is to be financed by a third party—the terms of the financing arrangements;
(d) the direct and indirect costs of the proposed infrastructure;
(e) the long-term environmental sustainability benefits of the proposed infrastructure;
(f) any other matter prescribed by regulation.
3) The owners corporation may, by ordinary resolution, decide to hold sustainability infrastructure (including existing sustainability infrastructure) installed on common property and any income earned from the operation of the infrastructure as trustee for—
(b) in any other case—the unit owners as tenants in common in shares proportional to their unit entitlement.
income from an electricity feed-in tariff scheme
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
4) For section 71, an owners corporation is not carrying on a business
(b) costs of utilities used by, or provided to, the owners corporation.