› Flat Chat Strata Forum › Common Property › How do I apply for NCAT orders for s65a to remove unapproved works › Current Page
So the fence encloses an area of common property? You could deal with that the same way as Jimmy advises for the pavers.
If enough of the other owners or residents are annoyed about it, why not organise a regular block party to be had on that nicely paved area of common property with the planter boxes, chairs and table. Nobody could object to the residents asserting their right to reasonable use and enjoyment of the common property!
On the other hand: Is this an area which realistically would only ever have been used by the residents of the ground floor unit? Is there plenty of other area around the block that is more usefully and comfortably usable by all? If so, perhaps the only real problem is keeping the party going to late? Perhaps only the fence should go so that, at least in principle, anyone could stroll through, even if, in practice, only the ground floor resident would.
At our OC we have many town house units that have blended their courtyard gardens into the surround common property. Such blending is encouraged by policy adopted by general meeting decision, with conditions, and fences are discouraged. However, if someone does want a fence, it must not go beyond the unit boundary to enclose any common property (and must conform to one of several style options).