#27549
Lady Penelope
Strataguru

    Don’t forget to check the conditions of your Exclusive Use by-laws …. and check whether the wall and/or fence has a thick black line on the strata plan or a thin, dotted, or no line. Different types of lines (thick and thin etc) mean different things. 

    It is difficult to make a comment without seeing your plans and your Exclusive Use conditions.

    In general: Fencing, if shown as a thick line on the strata plan, will be deemed to be a common wall and be an OC responsibility. See also the comment above relating to ‘cosmetic work’ to common property.

    In general: Within a Courtyard is generally Owners responsibility. However, the structural wall of the building will be an OC responsibility.
    Any Deck, pergola, privacy screen, louvres or steps within a lot (regardless of
    whenever that item was constructed within that lot) are generally Owner responsibility.
    In general: Fences, if they are shown as a thin, dotted or no line on the strata plan  are treated in accordance with the Dividing Fences Act and are treated as follows.
    i. Divides two lots. Each owner is responsible 50%/50%.
    ii. Divides one lot from common property. Owner 50% and the OC 50%.
    iii. Divides one lot from the adjoining property. Adjoining owner 50% and the OC
    50%.

    See this link for more details: 

    https://www.fairtrading.nsw.gov.au/biz_res/ftweb/pdfs/Tenants_and_home_owners/Common_Property_Memorandum.pdf