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Thanks, that all seems pretty clear then. A special resolution is required.
In the ACT, as Peter says, the EC has a simplified method to approve sustainability measures by ordinary (majority) resolution, I think it may refer to this, though even that only covers “Owners corporations that wish to install sustainability or utility infrastructure on common property. Individual owners wishing to install infrastructure on their own unit must comply with the rules of the owners corporation about building or altering of structures in or on units”.
In NSW what is the alternative to S.65A? One of the conditions others would probably find onerous (I certainly would) is that under S.51&52, a by-law that gives an owner “a licence to use the whole or any specified part of the common property in a particular manner or for particular purposes” is IMPOSSIBLE for the OC to revoke without the consent of that owner. I could decide to block future installation of solar panels, or maybe even block replacement of the roof..?? See for example this scenario.
Could the OC to make a by-law that says I can install the system at my cost, all maintenance is at my cost, and that consent for the purposes of S.52 is taken as given and the OC can revoke the approval at any time by (say) another special resolution?
Even better, could the OC to make a by-law that gives them equivalent powers to the ACT legislation, and would allow the OC to grant a revocable approval to an owner?
I may have this totally wrong, Division 4 may not apply at all. I hope not.
Thanks
RL