#23084
Jimmy-T
Keymaster

    @kiwipaul said:

    I believe the Dividing Fences Act should take precedence over what a maybe inexperienced planner drew at the conception stage to give a level playing field.

    That is quite an assumption to make and would not stand up in a court or a tribunal.  

    This is what the “who is responsible?” document says about dividing fences:

    If they are shown as a thick line on the strata plan, then they are deemed a common wall and the responsibility of the owners corporation. However, if they are shown as a thin, dotted or no line on the strata plan, then they are treated in accordance with the Dividing Fences Act and treated as follows: (a) Divides two lots = Each owner is responsible 50/50; (b) Divides one lot from common property = the owner and the corporation are responsible 50/50; (c) Divides one lot within the corporation from the adjoining property = owners corporation are responsible for 100% of its share.

    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.