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In our 6 Lots (equal units) 30 years old building, we currently have lattice screens in four of the courtyard dividing fences with the remaining two courtyards in timber.
They are all in disrepair and require replacement.
OC/EC advised that the cost of replacement is at the owner’s expense.
At our EGM, there was no majority rule – three owners voted for colorbond and the other three voted for timber.
Our adjacent neighbours have also advised our OC that they would like to replace the existing timber boundary fence with a colorbond fence. Quotes to date received for both timber and colorbond indicates the pricing to be the same.
Mediation at DFT failed to find a resolution.
Two owners are now taking each other to NCAT to decide once and for all on the fencing materials…one owner wants colorbond and the other owner wants timber.
They are not replacing “like” for “like” as they both have lattice screens for a courtyard dividing fence.
The argument being brandied about is that this is NOT common property and the appearance of the courtyard fence cannot be seen from outside the Lot.
Most of the blocks in our street have colorbond fencing.
Looking ahead, especially with the neighbours wanting colorbond, I feel that it would be better to have uniformity and I have referred to the Fencing Act but it falls on deaf ears.
Is there anything that we can do to make all the owners see sense and be on the same page?
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I Have again looked at that plan , the Fence Line that encompasses the Complex is a bold line , when we asked about the Fence Line and about a fence for our Property, was told that a decision had been made a while back that it was the Lot Owners responsibility , I said I wanted the minutes that related to that Sited , was told they would not know where to find it , one of the Committee asked about it as well and was told he would have to pay for one , I have sent an email to the OC asking about the fence repair …
Our 21 Townhouse Strata complex in Paddington, NSW passed a by-law deeming all wooden dividing fences to be common property, despite the Dividing Fences Act. All owners seem to be happy with this. We have not yet had to repair/replace any internal fence so there may be an issue in the future. Repair to an external fence was recovered 50% from neighbouring property owner (Strata).
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