By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members!

Solar panels installed by owners

Member’s question:

Good day Paddocks,

One of our owners has requested to install solar panels on the roof of his commercial unit as he states his business is in danger of closing without consistent electricity supply. He would like to do so immediately – can the Trustees give permission on the proviso that should the owners object he would need to bear the cost of removing it if necessary?

Also, if the owner is granted permission, is he responsible for the upkeep of that section of the roof and any resultant damages incurred should the roof leak?

Jennifer’s answer:

Dear member,

No, the trustees are not authorised to approve an owner proposed improvement to unregulated common property.

We suggest that no owner should be allowed to put solar panels on a common property roof until that owner has been granted exclusive use of that part of the roof in terms of a body corporate rule.

It may make sense for the BC to give all owners the same rights at the same time, and to set a standard specification so that the units that install the panels all have a similar look and feel. The rule should also regulate maintenance and repair obligations.

Have a look at Graham’s article in this month’s newsletter, Setting up exclusive use areas for solar power harvesting, to read a relevant discussion on how this might be done.

Regards
Jennifer

Incorrect calculation of quorum at an AGM

Member’s question:

Hi Paddocks,

Should an AGM proceed and afterward it was discovered that the quorum requirement was miscalculated, how should this be remedied?

Should the AGM process be redone in its entirety?

Jennifer’s answer:

Dear member,

The resolutions taken at the AGM are not valid due to the lack of a quorum [PMR 19(1)] so something must be done to remedy the problem. If there were contentious issues dealt with at the invalid AGM, the trustees may want to recall and redo the AGM in its entirety.

Another option, and one that could work if there was no contention, could be to use the process set out in PMR 17(9) whereby all members waive the right to the meeting and consent to the resolutions in writing.

Kind regards
Jennifer

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Article reference: Paddocks Press: Volume 18, Issue 1.

Graham Paddock is available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – January 2023 Edition.