› Flat Chat Strata Forum › Is it really easy being green? › Installing solar heating – how to proceed. › Current Page
RL – I think you’re making this whole Consent process harder than it actually would be if any Special By-Law (SBL) was worded appropriately.
Firstly the example of “exclusive use” that you cited is hardly relevant to your proposal which merely seeks your O/C’s Consent to erect a solar panel and ducting ON the Common Property, NOT for you to have exclusive use of even that part of the roof or of the building wall or to maintain areas of the Common Property per se.
Secondly, in order to avoid a situation where a subsequent and strata-savvy Owner of your Lot could mount a case for the O/C to assume the responsibility for maintenance and repair of the solar panel etc because those items are attached to and could therefore be seen to form part of its Common Property, an appropriately worded SBL would shift those responsibilities away from the O/C to you and subsequent Owners of your Lot (assuming they wish to leave your proposed system in place).
“Exclusive use” is irrelevant in my opinion, but even if that provision was included in the SBL, the requirement for an Owner to consent to any repeal or amendment cuts both ways. Like would you really want your O/C to remove your Consent and your equipment without your agreement?