Two things in our favour and a couple of observations:
- We did not put the fence up. the fence was erected by the builder at the time of the build. Builder subsequently went into receivership.
- We purchased the apartment ‘as it was’ and we were aware it was to be maintained as per common property. We maintained it as no one could get access to it other than going through our apartment and the Strata Manager was aware of that.
- It has now been 11 years and, had the area not been maintained by us, it would be overgrown and a danger to the complex due to vermin etc.
- If, in the future someone buying the unit wants to make the area ‘exclusive use’ we will certainly advise that that option is available to them