Flat Chat Strata Forum Common Property Current Page

  • This topic has 3 replies, 3 voices, and was last updated 2 months ago by .
  • Creator
    Topic
  • #72802
    WoodWalker
    Flatchatter

      Class B units in Canberra.

      A 1 metre high wooden sleeper retaining wall on the boundary between common property and private unit property needs to be repaired or replaced. The common property side is higher. The units would have been built in the 90’s and the site plan does show part of the retaining wall.

      If it was a fence, I gather there is a 50/50 (owners corp. and unit owner) split of costs.  Is the same the case for a retaining wall?

      Thanks for any guidance,

      WoodWalker

    Viewing 3 replies - 1 through 3 (of 3 total)
    • Author
      Replies
    • #72808
      chesswood
      Flatchatter

        If it’s a wall, it should be wholly on the higher land and in your case that is the responsibility of your OC. If it’s on the border, then it’s a fence and I’d guess it’s common property and again the responsibility of the OC.

        #72811
        Jimmy-T
        Keymaster

          If it’s a wall, it should be wholly on the higher land and in your case that is the responsibility of your OC. If it’s on the border, then it’s a fence and I’d guess it’s common property and again the responsibility of the OC.

          Not sure about the above statements and would like to see a reference to the relevant regs.  Meanwhile have a read of THIS and THIS

          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.
          #72812
          Jimmy-T
          Keymaster

            Is the same the case for a retaining wall?

            The Dividing Fences Act does not apply to retaining walls, although it may have the same effect.

            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 2 months ago by .
          Viewing 3 replies - 1 through 3 (of 3 total)
          • You must be logged in to reply to this topic.

          Flat Chat Strata Forum Common Property Current Page