Electric Vehicle Charging In Strata
How do Electric Vehicles integrate with Strata Laws in NSW?
Electric Vehicles (“EV”) have increased in popularity in recent times with the desire of today’s society to become more sustainable, environmentally friendly and reduce transport costs. In fact, the research shows that the EV market share in Australia during the first quarter of 2023 was 6.5%, an increase from 2.6% since the same time last year.
With more Electric Vehicles on the road, there is a need for more EV charging infrastructure to accommodate and sustain the growth in the EV market share. When considering the purchase of an EV, one factor is whether you will have access to EV charging at your residence. The installation of EV charging infrastructure in strata will often involve altering or adding to the common property of the strata scheme.
If you live in a duplex, townhouse, villa or apartment there is a good chance that you are bound by the Strata Schemes Management Act 2015 (the “Act”) and the by-laws of your particular strata scheme.
Generally, a lot owner cannot alter or add to common property without the permission of the other owners by way of a special resolution (75% or more based on a unit entitlement) and the implementation of a special by-law.
Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021
In 2021, the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 was introduced which lowered the voting threshold for motions at general meetings of strata schemes to introduce sustainability infrastructure:
of the value of votes cast— if the resolution is a sustainability infrastructure resolution—less than 50% are against the resolution.
This means that a resolution relating to the installation of EV charging in strata, it will be passed by the Owners Corporation unless there is 50% or more of the votes cast (based on unit entitlement) against the motion. This is lower than the standard threshold for a special resolution, which is 25% or more of the votes cast against the motion.
Under section 132B of the Act, the Owner’s Corporation must consider the following factors in relation to a motion for the installation of sustainability infrastructure.
(a) the cost of the works including any running and maintenance costs;
(b) who will own, install and maintain the completed works;
(c) the extent to which the use of the completed works will be available to other people who own lots within the complex; and
(d) any other matter prescribed by the Strata Schemes Management Regulation 2016.
How we can assist
Our team at Southern Waters Legal can assist with the drafting of all necessary documents to have your by-law considered by the Owner’s Corporation and its registration with the NSW Land Registry Services.
We can also assist with applications to the NSW Civil and Administrative Tribunal in circumstances where your proposed by-law and installation of sustainability infrastructure has been unreasonably refused by the Owners Corporation.
If you would like further information or specific advice in relation your Strata scheme, please do not hesitate to contact our team on (02) 9523 5535.
Disclaimer: The information contained in this article is provided as general information only. It is not intended to be legal advice and it should not be used or relied on as legal or professional advice.
