- This topic has 3 replies, 3 voices, and was last updated 10 months, 2 weeks ago by .
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Hi,
My partner and I are looking to buy a ground floor apartment in an outer Melbourne suburb that has a private courtyard that runs around the corner of the building. The fencing that separates the courtyard and the public footpath next to it is a very low concrete fence. If we were to buy this property we would need to make the fence higher as we have a small dog who could possibly jump over it (also dog theft is unfortunately pretty common her and someone could reach over and take him), and for added privacy.
The issue is we are pretty sure that we would not be able to add height to this existing fence as it would then be inconsistent with the rest of the building, and there would most likely be rules against it (HOA / Body Corp etc). We tried to ask the real-estate agent about it but they basically just said they don’t know and probably couldn’t find out.
So… what can we do? Are there any kind of laws stating that we can legally erect a secondary privacy screen behind it (we are thinking of those decorative metal screen panels)?
We really love this place and want to buy it, but if we can’t add some kind of privacy/security fence for our dog then we very sadly probably wouldn’t buy it.- This topic was modified 10 months, 2 weeks ago by .
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… we are pretty sure that we would not be able to add height to this existing fence as it would then be inconsistent with the rest of the building, and there would most likely be rules against it (HOA / Body Corp etc).
You are making a lot of assumptions about what you won’t be allowed to do, and you are asking the question of the wrong people. You should be asking the strata committee what their position on this would be. There may be rules on the appearance of the block but they are not set in concrete. Things can change if the right approach is made and correct procedures are followed.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
You can ask all the questions you want ( of the committee) and get all the warm and fuzzy answers. But this means nothing. It’s only after you become an owner and have the right to ask for changes will the real answers come out.
They owners corporation is not obliged to honour any undertakings prior to your purchase.
If the decision is adverse to you, the only option you have is to get rid of the dogs and suffer intrusion, because it’s too costly to sell up.
If it was me I’d find another property, as the risk for me is too great.
You can ask all the questions you want ( of the committee) and get all the warm and fuzzy answers.
The vendor could ask the committee, get binding approvals in principle, and some guarantee that the fences would be allowed. It depends how keen they are to sell and you are to buy. Give them the material – drawings, specs, by-law text etc – and ask them to test the water on your behalf. If the committee says no, then you know for sure.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
- This reply was modified 10 months, 2 weeks ago by .
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