138BPower to make rules regarding external alterations and other works affecting lot owners

138B Power to make rules regarding external alterations and other works affecting lot owners

(1) Subject to subsection (2), an owners corporation may make rules in respect of proposed works to renovate or alter the external appearance of a lot—

(a) to protect the quiet enjoyment of all other lots and the common property during those works; and

(b) to protect the structural integrity of any building on the plan of subdivision from those works; and

(c) to ensure the market value of any other lot does not decrease as a result of those works.

(2) An owners corporation must not make rules that unreasonably prohibit the installation of sustainability items on the exterior of a lot.

(3) For the purposes of subsection (2)—

(a) a prohibition on the installation of a sustainability item only on aesthetic grounds is taken to be unreasonable; and

(b) a requirement that the location of, or the works involved in installing, the sustainability item must not impede reasonable access to, or the use of, any other lot or the common property is taken to be reasonable.

(4) In this section—

sustainability item means any thing that eliminates or reduces a reliance on non‑sustainable energy sources and includes—

(a) a solar hot water system; and

(b) solar energy panels; and

(c) a roof with colours having a particular solar absorption value.