This article is about electric vehicle charging has been provided by Bannermans Lawyers.
With the current rise in fuel prices affecting Australia, the demand for Electric Vehicles (EV) is at an all-time high. Discussion around EV charging are attracting all sorts of attention as recently set out in this Sydney Morning Herald article.
In a group setting such as an owners corporation where you have owners and tenants with different agendas, often people will need to put forward something which benefits them but needs approval from the other members where it has no benefit for them.
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In NSW, the law permits additions to common property such as separate metering and electrical wiring, and separate invoicing in accordance with the terms of a user pays by-law as requested by an owner.
Naturally, a proposal would need to present a situation which would not financially disadvantage the other owners who are not benefitted by the proposal.
Without this style of user pays system in place, the requisite levels of support from the group would not normally be obtained. A common issue to confront is that those who have no intention of using an EV charging vehicle do not want to contribute financially to costs associated with the proposal, much the same as the EV vehicle owner would not like to contribute towards petrol or diesel consumption of another owner.
In NSW, an owner or group of owners wishing to install EV charging can put forward a by-law or a licence agreement to cover this user pays system. If an owner is not wishing to support a tenant’s request, the tenant can put forward their own request in the form of a licence.
Last year in NSW, the law was amended to provide for a reduced voting threshold for the passing of a sustainability infrastructure motion. Now, a sustainability infrastructure motion will carry if the value of the unit entitlements against the motion by owners entitled to vote are not more than 50%.
If any owners corporation refuses the proposal, an application to NCAT can be made for an order to grant approval for the proposal.
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The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.
This article has been republished with permission from the author and first appeared on the Bannermans Lawyers website.
This post appears in Strata News #564.
Have a question about electric vehicle charging or something to add to the article? Leave a comment below.
Read next:
- NSW: Does an EV Charger Require Owners Corporation Approval?
- NSW: Q&A Installing Private Electric Vehicle (EV) Charging Stations
- NSW: Some Common Property Just Reached Into My Pocket
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Those who want an EV charger should pay for it and the power consumed. It’s not a difficult problem to resolve. I can’t get my petrol bill paid for by the owners, why should EV owners think they should have their EV charger installed for free and recharging costs ?
Lots of issues here….
Licence Agreement for the use of Common property electricity for EV charging seems to make perfect sense but I guess that unless the proposed EV electrical installation is absolutely minimal, a common property rights by-law would still be required for the “works”.
re Alistair’s point about obstructive objectors::
NCAT of course is a possibility but who wants to go there…My experience would suggest that the 50% threshold for Sustainable Infrastructure resolutions is not a difficult threshold to cross given the low level of attendance at general meetings.
Anyhow with EV charging work can be made more palatable to those without EV’s or car spaces with a by-law to recover the OC costs through “Connection fees”.
With solar in large buildings the solar decision will benefit all as the electricity generated will help reduce common property electricity costs with a savings flow through to every ownerl. In smaller buildings the rooftop is best used for “private” owner solar panels and resentment can develop at one owner having access to solar even though none of the others are interested “strata shadenfreude”. A sad reality of human nature, but relatively simple solutions like the “Allume” solar share system can allow all owners to reduce their private electricity consumption through solar.
I think there are logical solutions to combat the arguments of the naysayers and give them skin in the game; you just have to be prepared to sell them.
John Hutchinson
That shows only the bright5 side, there are severe insurance implications as EVs when they get older have a nasty tendency to catch on fire and are not capable of being extinguished by the fire protection systems. There is also the problem of the building’s electrical load capacity, very few charging stations will require a horrendously expensive capacity upgrade. Then of course is the ever-present first in best-dressed problem when capacity is reached.
A NSW strata I know of had an agenda item put to its AGM to create a bylaw to “never allow roof top solar” installations as an attempt to place a conclusive barrier in place to some owners seeking to have solar installed.
We need better legislation, with greater focus on it being a right of owners to install solar, where when all things technical like roof type, orientations and fair allocations can be met.
Sustainable Infrastructure Initiative voting thresholds don’t go far enough to counter the objectors.
The owner suggested to me, “so how can I be EV ready, and self generate from my own solar generated power”
Withold name please.
In the ACT for sure, and I suspect NSW, such a bylaw to ban solar outright would not be valid. In the ACT: s.108(3) “An alternative rule is not valid to the extent that it results in the rules— … (f) prohibiting or restricting the installation, operation or maintenance of sustainability infrastructure in or on the common property or a unit…”
We have responded to your comment within this article: NSW: Q&A Solar for Apartments – Power to the (Strata) People