@fight4justice said:
I am living on the ground floor in a very old 45 year old walk up unit. I have two puzzles as follows:
(1) Responsibility for maintaining the dividing fence in the back yard to which I have exclusive use
Generally speaking this rule applies:
The dividing fence between two courtyards is the responsibility of the owner on each side of the fence. If the fence separates the lot from common property then it is the responsibility of the owner of the lot and the Owners Corporation jointly
You say you have exclusive use of the area, does the bylaw that gives you exclusive use also contain a clause stating that the OC retains responsibility for maintenance of this exclusive use area, if so it’s OC responsibility.
OR is their a general statement covering ALL the common area, if so by being given exclusive use of your courtyard YOU have accepted responsibility for the maintenance of it.