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Topic
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I live in a 2-unit strata scheme in Western Australia. The strata plan indicates that the lot boundaries are the external surfaces of the buildings and there are no by-laws registered. As I understand it, everything beyond the brick walls of the two buildings is common property.
The original developer erected a low asbestos fence to create separate back yards for the homes, but it is not shown on the strata plan. There are no exclusive-use areas specified on the strata plan, although previous owners have treated the back yards, carports and separate driveways as such for the past 30 years.
A few years ago my strata neighbour wanted to remove and replace the asbestos dividing fence, but the previous owner of my lot refused. The neighbour then paid for a 1.8m tall Colorbond fence to be erected along ‘her’ side of the length of asbestos fence. The previous owner retrospectively approved the new fence, or so I’ve been told (I don’t have proof of any of this in writing, neither of the fences are shown on the strata plan and there is no by-law regarding its maintenance). I would not have purchased my lot if the Colorbond fence was not there as the short asbestos fence would not contain my dogs or give any privacy.
Because the Colorbond fence is on ground that has been treated as exclusive-use for the past 30 years, but is technically common property according to the strata plan…
– Does my neighbour own it or is has it effectively become part of the common property?
– If my neighbour wants to take the fence down in future does she need my permission, or is it hers to do with as she pleases?
I realise that strata law varies from state to state, but I would really love to hear your opinion!
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@madmother said:
Because the Colorbond fence is on ground that has been treated as exclusive-use for the past 30 years, but is technically common property according to the strata plan… Does my neighbour own it or is has it effectively become part of the common property?I’m not familiar with WA strata law (which is still evolving) but I would say the neighbour owns the fence and the Body Corp own the ground on which is sits – so at any time they could insist that the fence be removed.
– If my neighbour wants to take the fence down in future does she need my permission, or is it hers to do with as she pleases?
The fence shouldn’t be there so I don’t see how you can insist it remains.
Basically, you are talking about a land grab where it has suited everyone just to fence off an adjacent area of common property. But from what you say, those fences shouldn’t be there to begin with (and may be in breach of your planning approval).
It sound to me like you have reached a stage in your scheme where it would be worth formalising your informal arrangements , including rules about who can do what with their fences.
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As there are only two lots, anything you agree on can be formalised with a unanimous decision. With this very high level of resolution possible, could you both agree to grant exclusive use of half of the common property each. i.e. to formalise the back yards as being separate and private etc. You could agree that the fence is a shared responsibility etc.