- This topic has 3 replies, 2 voices, and was last updated 13 years, 10 months ago by .
-
Topic
-
We live in a small block. The flimsy lattice courtyard fence which adjoins another owner’s courtyard is falling down and needs to be totally replaced. The adjoining owner, who rents out the unit, and who has not even been to the building for 15 years +(!) has agreed to paying half the cost but only wants the cheapest possible wooden fence whereas we would like to put up a brick fence for more privacy and paint it in the same colour as the existing brick work.
1. Do we need to get permission from the adjoining owner to erect a better quality fence?
2. If we erect the new fence on our side of the boundary line can the other owner object? The other owner is not on the EC and no members of the EC have any objection as it would actually improve the look of the building and provide more privacy.
3. If the adjoining owner pays half for a cheap wooden fence can we then use that money to go towards the brick fence – the rest being at our cost.
4. What legal right does the other owner have to dictate what sort of fence we have on our property so long as it is in keeping with the rest of the building and is safe etc?
-
Replies
-
Paul, I assume that you’ve checked your Strata Plan and confirmed that the fence that you’re talking about is on the boundary of your lot and the one adjoining, and therefore that’s it’s a dividing fence and not a boundary fence. It sounds that way to me, but for your info. the former is a matter between you and your neighbour and the latter is an Owners Corporation (O/C) matter.
To answer your questions on the assumption that they relate to a dividing fence:
1) NO – but it’s the neighbourly thing to do.
2) On the basis of your intention as outlined at your Q3, NO, but again that would be the the neighbourly approach.
3) YES and totally appropriate provided 1 & 2 (above) are followed.
4) I can’t comment on peoples’ legal rights except where relevant Legislation applies ( e.g. The Dividing Fences Act in NSW), but as what your proposing on your side of the boundary could be an “addition to the Common Property” depending upon the classification of the land at the precise location, and/or something affecting “the appearance of the lot”, you would need the written prior consent of your O/C whether or not it wishes to become involved.
Yes, but as I said before (perhaps too obliquely) just make sure that the location of the new fence is entirely on your Lot and not on Common Property, and make sure that you receive the written consent of the Owners Corporation (O/C). Whilst the current O/C may be blasé about the whole matter, what happens when there’s a new Committee that has a different view and/or if you want to sell at some future time and a Strata Search raises issues with the fence that put-off a prospective purchaser?
Unlikely? Maybe, but it too easy to get it all nailed-down now in my opinion.