› Flat Chat Strata Forum › The Professionals › SCs and strata managers › SM has OK’d villa land grab › Current Page
@Hamish said:
Does the lot owner have the right to build this boundary fence without permission and having a special by-law for exclusive use of common property?
You have a compulsory manager appointed – presumably because of past dissent between owners. The manager pretty much takes the role of the strata committee/owners corporation and, on the face of it, can approve minor changes to common property provided they don’t breach the by-laws.
If you have a by-law about additions to the exterior of the property being in keeping with the look of the building, then they have possibly over-stepped their boundaries.
But what are we really talking about here? You have been denied access to the area in front of the other villa – but would you have ever used it anyway?
The real issue is that as part of the owners corporation, you are responsible for maintenance of an area to which you have no access. This is by no means unusual – apartment block balconies are common property but they are also exclusive use.
I would consider approaching the other owner and manager and asking them to either remove the fence or submit a by-law for exclusive use, accepting responsibility for the maintenance of the area, to which you will not object. They will allow you to do the same if you so desire.
I realise you feel as if you have been robbed in some way but this may be an opportunity to formalise an informal agreement and make the land-grabber responsible for the land they have grabbed.
And never forget the five words a lawyer loves to hear: “It’s a matter of principle.”