Kenny R – My thoughts are: The OC owns the roof as common property. The OC may consider purchasing and installing their own panels to provide electricity for the common property i.e. stairs, lifts etc. The OC would not own the solar panels that provide electricity for the individual Lots.
The OC does not need to involve itself in any bulk purchase of these units as this is a matter for the individual owners should they wish to band together. The Lot owners would purchase their own panels, not the OC. Not every Lot owner may wish to participate.
If a Lot owner wishes to install a solar panel then they should seek permission to place their panels on the OC common property roof. This must be done BEFORE they purchase the solar panels.
Permission could be granted by the OC via the issuing of a [s112] license, or a [s113] lease, to use the common property. This permission is granted via a Special Resolution at a General Meeting.
I do not believe that approval for the panels could come from [s108] as the purpose of the solar panels is not to ‘enhance the common property’.
108 Changes to common property
(1) Procedure for authorising changes to common property An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property.
The conditions for the grant of a license or a lease by the OC to the Lot owner would need to be well thought out and should cover every possible eventuality such as damage to the roof etc. This is to protect the interests of the OC.
112 Owners corporation may grant licence to use common property
(1) An owners corporation may grant a licence to an owner or occupier of a lot in the strata scheme or another person to use common property in a particular manner or for particular purposes if the owners corporation has approved the granting of the licence by a special resolution.
(2) A licence may be granted subject to terms and conditions.
Note : Division 3 of Part 7 enables owners corporations to make common property rights by-laws granting exclusive use rights and special privileges (including licences) in relation to common property.
(3) Without limiting this section, a licence may be granted under an agreement with the local council for a strata parking area under section 650A of the Local Government Act 1993 .
113 Agreement for payment to owner of consideration on transfer or lease of common property
An owners corporation may, in accordance with a special resolution, make an agreement with an owner for the payment to the owner of:
(a) the whole or any part of the consideration under any transaction proposed to be entered into by the owners corporation under Division 6 of Part 2 of the Strata Schemes Development Act 2015 , or
(b) any money payable to the owners corporation under a common property rights by-law.
A Lease, or Licence, and a Special By-law would need to be created for the solar panels. An example of a By-law is here, however, the wording cannot be relied upon as being the best possible wording available:
https://greenstrata.com.au/sites/default/files/documents/WallisView%20Special%20By-Law.pdf
There may be other sections in the SSMA 2015 which may provide assistance and guidance for your scheme.