#51285
kaindub
Flatchatter

    I assume that the side entry gate is between common property and your lot.

    If the line in the strata plan is a thick line, then the gate is common property. So a by law would be required.

    If the line is thin, then the gate would be considered a fence and comes under the Dividing Fences Act. Then the OC and the lot owner are jointly responsible for the gate. If the gate is in disrepair, you can ask for a re-fence (a new gate) and the OC and you pay half.

    You can also just take it on yourself to re-fence. Install the gate you want and pay for it yourself.

    You can’t be penalised as it is a dividing fence and the act allows you to replace the fence at your cost with what you like.