Our registration process defeated this reader, so I have posted this on his behalf - JimmyT
We live in a Strata Scheme in which the original Developer, as a matter of expediency, allowed an elevated garden including its retaining wall to intrude into our lot with the Boundary fence 'suspended' over the elevated garden. That was 20 years ago!
We agreed to leave things as they were on the understanding that all would be resolved at the time when the fencing is considered due for
replacement. That time is NOW.
People who were not here at the time of original purchase don't seem to want to discuss the issue as the 'elevated garden' is now an improvised drain.
As lot owners, we are responsible for all that is within the boundary of our Courtyard as is shown on the registered Strata Plan.
Our Strata Plan shows that the improvised drain is in an area of the Courtyard which is the responsibility of the lot to a depth of 4 metres.
Our preference is to have the elevated common area garden removed from penetrating the boundary of our lot & have a proper drain installed, thereby allowing us to reclaim that part of our Courtyard that we purchased 20 years.
If that cannot be achieved how can the owners corporation properly & legally legitimise its right to this section of our lot? Is a by-law required & should the Strata Plan be redrawn & re-registered?
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