sec.246QRestrictions that have limited or no force or effect—other restrictions

### sec.246Q Restrictions that have limited or no force or effect—other restrictions This section applies to a relevant instrument that, but for this section, would have the effect of restricting the location on the roof or other external surface of a prescribed building where a solar hot water system or photovoltaic cells may be installed. The relevant instrument has force or effect only to the extent— the restriction mentioned in subsection (1) applies to the roof or other external surface that is common property of the prescribed building; and the restriction mentioned in subsection (1) — is necessary to preserve the building’s structural integrity; or if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or if the restriction relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building. s 246Q ins 2009 No. 51 s 29 amd 2010 No. 21 s 12 ; 2022 No. 11 s 18 (sec.246Q-ssec.1) This section applies to a relevant instrument that, but for this section, would have the effect of restricting the location on the roof or other external surface of a prescribed building where a solar hot water system or photovoltaic cells may be installed. (sec.246Q-ssec.2) The relevant instrument has force or effect only to the extent— the restriction mentioned in subsection (1) applies to the roof or other external surface that is common property of the prescribed building; and the restriction mentioned in subsection (1) — is necessary to preserve the building’s structural integrity; or if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or if the restriction relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building. - (a) the restriction mentioned in subsection (1) applies to the roof or other external surface that is common property of the prescribed building; and - (b) the restriction mentioned in subsection (1) — (i) is necessary to preserve the building’s structural integrity; or (ii) if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or (iii) if the restriction relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building. - (i) is necessary to preserve the building’s structural integrity; or - (ii) if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or - (iii) if the restriction relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building. - (i) is necessary to preserve the building’s structural integrity; or - (ii) if there is insufficient space on the roof or other external surface for a solar hot water system or photovoltaic cells to be installed by the owner of each lot in the building—prohibits an owner of a lot in the building from installing a solar hot water system or photovoltaic cells on the roof or other external surface; or - (iii) if the restriction relates to a solar hot water system—is necessary to prevent noise from piping associated with the system causing unreasonable interference with a person’s use or enjoyment of the building.