- This topic has 1 reply, 2 voices, and was last updated 7 years, 3 months ago by .
-
Topic
-
Our apartment has an on title courtyard. Our neighbours have the same.
Strata consists of four apartments. The two apartments with on title courtyards would like to replace the fences around each courtyard to make the fences higher.
The fences at front face the footpath, fence on side face common pathway and driveway. The strata plan shows the outline of the courtyards in a thin line (not thick black line). I am trying to interpret the relevant legislation but am finding it very confusing and unclear. both units with courtyards have agreed to cover the cost of replacing the fence but we are unclear about the approval process for such work and whether we need approval and/or a bylaw?
Any information would be very helpful! our strata manager has no idea.
-
Replies
-
Yes, it is confusing but I believe the breakdown of responsibility is this:
Responsibility for fence between two lots is shared by the two lot owners.
Responsibility for fence between a lot and common property is shared equally byt the lot owner and the owners corp (the other owners collectively).
Responsibility for fence between a lot or common property and public land lies with the owners corp.
Anyway, the easiest way to do this is to get a by-law passed that says you can raise the height of the fence but that you, the lot owners, will take responsibility for its upkeep.
You would need to do this anyway as you are changing the outward appearance of the strata scheme and that requires a special resolution by-law.
If the fence borders public land you may also need to get the OK of the local council.
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.