#26450
LawoftheLand
Flatchatter
Chat-starter

    Thank you JimmyT and Proudsceptic for your kind response. 

    Ok, so the fences are common property.  But I will point out that they can not be seen by the outside as they are in the internal courtyard, I understand that this doesn’t change the fact they are common property.   

    The second dilemma is that somehow the mysterious quote provided for the fences includes costs for replacing small front picket gates (which can be sighted from the front of the building) that lead into about 5-6 lots (mine being one) onto the balcony of some ground floor lots.  The gates were never raised or even reported at the time of deciding to re-align the fences, in fact the one pushing to have the fences back who provided the quote – doesn’t even have a gate! As I like my gate and maintain it I want the gate to stay.  The gates are also bound by a think black line on the plan so then they too are common property.

    So is it correct that to change (whole different new gate) these gates, can only be done so by a special resolution? I am unsure but from the quote and cost provided it appears to be an entirely new gate. Wouldn’t this fall under significantly changing the appearance of the building?  

    I understand that the moving of the fences was totally incorrect – and yes it was the owner’s responsibility for the said plants and planter boxes but at the time these complaints were addressed initially to a real estate agent (need i say more?) who managed most of them as rental properties, who in turn complained to the Strata and OC instead of addressing the problem with his tenants! This could have all been avoided so easily.

    Thank you both.