Privacy fence

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  • 17/03/2011 at 8:12 pm #7176 Reply | Quote
    Anonymous

      One unit owner has asked the owners to pay for a privacy fence on common property under a special levy. This fence adds no value to any unit but theirs. The fence serves no purpose to any other unit but theirs. I am at a loss to understand why all other unit owners are obliged to pay for a fence that does not serve the common needs of all unit owners. I don't have a problem with the fence being built but wonder why they don't have to pay the cost themelves.

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    • 20/03/2011 at 10:15 am #12570 Reply
      Jimmy-T
      Keymaster

        More to the point, the OC is obliged NOT to provide improvements or services that only benefit only one owner unless there is another reason that benefits the whole building. 

        The key question is, does this fence enhance the amenity, safety  and physical integrity of common property.

        If not, the most an OC should do is allow the owners of that lot to build the fence with the proviso that they (the unit owner) undertakes to maintain the fence in perpetuity.

        This will require a special resolution which will need the support of 75 percent of owners voting at a general meeting.

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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        20/03/2011 at 4:31 pm #12575 Reply
        Anonymous

          Thank you for the reply. As we reside in a small block of only four units, I suspect that three out of four will vote yes to this levy. This type of action occurs quite regularly in our building and I resent being the only owner to try and stand up to the OC. Our maintenance costs are high, and adding to this  by maintaining a further item I believe is irresponsible towards other owners.

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          22/03/2011 at 3:43 pm #12586 Reply
          Anonymous

            Lulu – if you feel strongly that the fence is not of any benefit to the OC and that an injustice is being pushed on the OC by some owners – even if they pass the special levy – you can go to the CTTT and get a determination on the issue – they could order that the special levy meeting be deleted (as if it did not exist).

            Good Luck 

            Murray Cameron

            Strata Real Estate Service

            https://www.stratares.com

            1300 997 905

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            30/03/2011 at 6:39 pm #12617 Reply
            Anonymous

              Owners do only for their improvement and money.You are not supposed to pay for the fences.

               

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            Reply To: Privacy fence
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