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QLD Can Body Corporate Stop Me from Putting Solar on Roof?

Discussion in 'Property Law Forum' started by karen66, 10 December 2014.

  1. karen66

    karen66 Member

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    Hi. I purchased a unit. In the Body Corporate register of authorisations affecting the common property it was resolved that all units under listed terms could put solar on roof. Now they are calling a special meeting to change the terms. I have already committed to this process. They said everything has to go through the committee.

    However I thought if it had been resolved and one unit already has it on they can not stop me is this correct?

    If something is passed and printed in the Register of authorisations affecting the common property in a unit complex, do you need to seek further approval? Or is it binding?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Karen66,

    Whether it is binding depends on what purpose you wish to use the register for. The register is basically a place to keep all the decisions passed by the Body Corporate, any new changes to who the manager is or other representative persons, details of the owners of lots/land, assets owned by the Body Corporate, accounts etc. It is a source of information regarding the land over which the Body Corporate manages and represents.

    If you are talking about a particular resolution or decision passed by the Body Corporate regarding the land, then yes, I would say you can rely on it in the sense that the Body Corporate has given approval and so cannot then deny otherwise and enforce/prohibit contrary to the resolution or decision unless that resolution or decision was revoked, invalidly passed or overridden by a later resolution or decision.

    Take a look at the following to get a better understanding of the Body Corporate rolls and registers:

    - QLD government: "body corporate rolls and registers"
    - QLD government: "body corporate records pdf"

    Hope this helps.
     
  3. karen66

    karen66 Member

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    Thank you for that information.
    the committee have decided to change it so that panels can only be put on the back of the units. however this was after I had signed a contract or agreement to have a system installed on the north facing front roof. I have also entered a payment agreement. So because this was changed after my contract I assumed that could not stop me is this correct.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Generally, yes. But best to speak with your committee and ask them to consent to your panels as an exception or to reimburse you costs for changing the contract to comply with their new rules. Rules should not be enforced retrospectively, however, best to get a second opinion on this principle as it applies to body corporates.
     

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