› Flat Chat Strata Forum › Common Property › Who pays for boundary fences. › Current Page
Ok so the original rear fences are just a little wooden lattice criss-crossed design fence approx 1.2 metres high structually attached on top of the planter boxes. Planter boxes are set concrete and were not ever moved, just the lattice fence portion was moved back to the planter box wall closest to the lot which effectively (but not legally) became common property. The planter box formed part of the fence. So now they want the fence to be put back to the outer wall of the planter box nearest to the inner courtyard pathway as they were originally and according to the Strata Plans. So if the quote is now for a slatted colour bond fence then this is different and far more costly – this requires a special resolution (75% vote). Yes the OC at the time (7years ago) paid for them to be removed, decided by the EC – not a special resolution – yes wrong there too.
The gates have not been removed. But they have suddenly crept into email corrospendence surrounding the fences. The quote for the fences contains costings to replace the gates with the same colour bond slatted material as the fences. Some of the gates are a bit chatty – but really just need a lick of paint. One owner complained that you can see through the gate but this is illogical as they are attached to the front of some ground floor units – you can easily see over the gate (at street level) and the adjoining concrete boundary wall into the front balcony anyway!
The front gates are all original and were on the building when built 10 years ago. Yes some ground floor units don’t have a front gate apportioned, some have a front gate and also a small rear courtyard with aforementioned fence, and some like me only have a front gate.
I don’t know why there is a push to change the gates too when said ‘fence pusher’ doesn’t have one. I think it is just that the ‘fence pusher’ doesn’t like them.
So as with the fences, if the gates in the quote are not the same then it can only be determined by special resolution. The EC can only decide to maintain the gates – by painting them or such.
In summary at both previous AGM’s there was never a special resolution – just a note in the AGM that the EC decided to remove them, then 2 years ago decided to put them back.
So I need to inform the Strata that both need to be on the next AGM?
The old saying of “two wrongs don’t make a right” springs to mind.