Help for the Environment in ACT Strata

It's good to see strata corporations doing what they can to save the environment (at least in the ACT).

You see in most Australian strata corporations the changes, upgrades and/or additional equipment needed to make 'green' improvements might not be within normal repair and maintenance and be classified as upgrades which require higher level approvals. In most states a a special resolution (three quarter majority) is required but in the ACT and for South Australian community schemes where the upgrades costs more than $5,000 an approval by unanimous resolution is necessary.

So, environmental upgrades are harder to approve and implement than ordinary repairs - reducing the likelihood of them happening.

But, one Australian exception exists in the ACT where the new (2011) legislation permits upgrades and additions for installation of sustainability or utility infrastructure on the common property with only an ordinary (simple majority) decision.  This facilitates these kinds of upgrades.  But the definition of “sustainability infrastructure” is limited covering only infrastructure and equipment that improves the environmental sustainability of the units or reduces the environmental impact of the owners corporation and the unit owners (including related utility service connections and equipment.).  The laws cite examples such as - solar panels, clotheslines, rainwater tanks.

But even these reduced approval thresholds may not apply to climate change adaptation work that is not also sustainability infrastructure.

You can read the relevant provision (section 23) here.

Well done ACT and thanks (from the environment) to ACT strata stakeholders!


Francesco ...