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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!