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Dear Keymaster
Many thanks for your concrete advice. I do need to make a correction to my original query (I could not edit previously) 50mm should read (approx.) 50cm additionally I have also added in the approximate level of my patio. i.e.
“the townhouses are built on a significant slope, with mine at a much lower level, the new elevated ground level of the neighbouring townhouse concrete patio is at least 50cm above the original ground level. My back patio is located at an even lower level ( a further 40cm below the original ground level) due to the land slope with the wooden dividing fence about 5 foot from my back patio door. ”
I will follow your advice and contact the strata manager for the contact details of the owner (investor, who has ownership registered to a company) and identify how they intend to address my concerns on drainage and reinstatement of the original height of the dividing fence.
The strata manager categorically stated that despite the strata putting up the dividing fences 22 years ago, they were not common property and the new strata laws require each owner to contribute 50% of the cost of the fence. The strata meeting minutes considering the issue have just been published. For the issues I raised it was put in the meeting as:
Resolution: agree that the high privacy screen or fence be added between the properties. LOST. Note: Private issue to be resolved by the Owners
I am led to believe that if the original plan of the strata lots (from when I bought the townhouse) shows dividing fences as a line then they are common property, but if a broken dash or line omitted than the fences are the owner’s responsibility. Is this your understanding of strata fencing?
The strata manager has stated she would request a drainage plan from the townhouse owner. Should I wait on this before I head to the local council for advice?
If I do not receive an adequate response from the other townhouse owner, should I “take it further ” in this order: Local Council then Office of Fair Trading?
Again, many thanks for taking the trouble to help me find a resolution to this extremely stressful situation.