- This topic has 8 replies, 5 voices, and was last updated 11 years, 12 months ago by .
-
Topic
-
Hi,
I live in a area which comes under strata community title. I have installed 1.5Kw solar panels on the roof facing North and this is the side facing the street. I was not aware that I had to take permission from Strata prior to installation, but as soon as I found, I have informed the Strata manager. This information was passed on to the Executive committee and they are asking me to remove the panels and move them at the back of the house which is unfortunately South facing and not of any use.
I have since informed the Strata Manager that the QLD government has got a legislation passed for community tiltles similar to mine so they cannot oppose the installation of Solar panels based on their location and that NSW will also be following soon, but fallen behind with their timings. I found an article that Warringah council in Sydney has also got similar arrangement, although I have not informed this to Strata manager as yet.
In the last EC meeting where I was unable to attend, it was apparently decided to lodge with CTTT which they have already done.
Is there something I can do to convince, so I can leave the Solar panels where they are and get the maxmum benefit.
-
Replies
-
We were recently approached by an owners corporation who wanted to create a general by-law for the installation of solar panels within the scheme. However, the owners corporation wanted to ensure that the installation of the solar panels on each lot is done correctly and has minimal impact on the appearance and architectural restrictions of the owner corporation.
We prepared a “one off” empowering by-law specifying the procedure for obtaining consent from the owners corporation to install solar panels on their lot and on so much of the common property that is necessary for solar energy heating and cooling of their lots. This means each time an owner wants to undertake this work a special by-law is not required. This reduces the cost of this greening initiative and maintains uniformity and consistency for the owners corporation.
If you would like a copy of our information sheet on this topic, then please email us.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.auHi Simone
I'm wondering what happens when, as in the case under discussion, a by-law is brought in that makes an existing installation non-compliant. And can the owner reasonably argue that the prior installation invalidates the by-law if it's not corrected?
JimmyT
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.
Hi Jimmy
A by-law can cover the solar panels already installed within the scheme and state that the repair and maintenance provisions apply to the solar panels already installed.
In the above case, the issue is that the solar panels were installed without the permission of the owners corporation. The solar panels have been installed in the roof of the lot and this effects common property. The owners corporation can request the removal of the solar panels where permission was not obtained for installation.
Kind regards,
Simone Balsara
Lawyer
———————————-
TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.auroha22 said:
2. There are different solas panel types / installation to accomodate for roofs not facing north (for maximum sunlight)
Not sure if there are solar panels manufactured with this feature??
There is no way to make a special kind of panel that can absorb solar energy while facing the wrong way. If the roof is not too steep you could have a frame on a southern roof to hold up the panels so that they face north at a good solar angle. That would add cost and would look a lot worse on the south side. I think people just need to grow up and get used to solar panels. As someone said, they are becoming the Hill's hoist of the 21st century. It is no longer reasonable to say people can't have solar energy equipment. In our (ACT class B) case it was not too hard because we do not have the extra issue that the roof of a townhouse/unit is common land. Having said that, I do think it is reasonable to have some aesthetic preferences.
Here’s an update on our Plan’s energy saving initiatives.
Whilst I’m an advocate for alternate energy and energy saving from a philosophical perspective, I’m afraid that based upon the energy savings made by our Owners Corporation from the back-to-the-grid (gross) solar array that it installed almost 3 years ago under the then Federal and State Government rebate schemes, and the replacement of most common property security lighting with 13W LED fittings, that approach is not so attractive when all things are rationally considered.
The capital cost of the solar system after rebates, including some upgrades to our common meter room opportunistically demanded by our electricity wholesaler was $8,500, and the cost of the LED fittings totalled $1,550 (installed).
The monetary return from our feed-in to the grid (gross) at the now defunct rate of $0.60/kWh has averaged $1,500 over the past 3 years, and as best as I can estimate from recent and historical records the LEDs have saved us about $800.00 over that same period.
Simplistically, that’s a 5.5 year pay-back on the solar array, and possibly the achievement of a $1,500 “profit” before the expiry of the NSW Solar Bonus Scheme in December 2016 reduces our return by 90% and renders to whole thing fiscally pear-shaped, and the LED’s could pay for themselves in about the same timeframe, by which time they’ll no doubt require replacement “bulbs”.
Our O/C has done the right thing from all perspectives and has achieved some benefits, but for any other Plans (in NSW) who have considered anything similar since 1 July 2012 when the first cut to the rebate commenced or are currently doing so, I’m afraid that from my perspective (as Secretary & Treasurer) the numbers just don’t add up from a monetary perspective.
OK – I appreciate that the costs of solar systems have come down by almost the exact amount of the Government Subsidies removed (funny thing that), and that electricity costs have risen (plateaued?), but the feed-in tariffs have also reduced dramatically; hence my conclusion.
Over to you Peter
I’m afraid I’m anti solar panels (but not solar hot water) as I think they are a big con, especially when the gov was giving massive subsidies to owners via an inflated feed in tariff, which is having to be paid by those who don’t have solar panels.
Solar panels don’t reduce the requirements for power stations as when the sun doesn’t shine everyone still wants their life to go on unchanged, and so the gov has to build power stations just in case the sun doesn’t shine.
- You must be logged in to reply to this topic.