Reply To: OC responsibility to maintain services that benefit multiple lots

Hi again,

I’ve attached a snippet of the strata plan. Re the retaining wall and fence. They are noted as common property on the strata plan but the location not shown. It’s actually about two thirds of the way down the backyard and obstructs access and use of the rest of our yard. I can’t understand how that is legal to obstruct an owner from using their own lot when there is no covenant to forbid its use?

When these villas were purchased everyone assumed the area beyond the retaining wall was common property because owners can’t access it. But as disputes arose we interrogated the strata plan and couldn’t find the location of the retaining wall and fence. The lot size when measured does include the area we are blocked from using. Very confusing for us.