- This topic has 2 replies, 3 voices, and was last updated 10 years, 10 months ago by .
-
Topic
-
Members of our EC have received conflicting advice from Fair Trading NSW in relation to responsibility for external boundary fences. One advisor says s117 applies only to external boundary of common property; another says that the association is responsible to all boundary fences to which the Dividing Fences Act 1951 applies.
As the difference is several kilometres, it makes a significant difference to the amount we should accumulate in our sinking fund.
-
Replies
-
I am not a lawyer and you probably should speak to one. However, if my memory serves me well, there are a variety of divisions of responsibility based on ownership of the land on either side of the fence.
Generally, if the land on one side of the fence is private property, and the other side is common property, fence maintenance is shared between the lot owner and the Community or Precinct Association. If both sides are common property then the Association is entirely responsible. If both sides of the fence are owned by lot owners, then they are responsible.
For an external fence, it would be whoever owned either side of the fence – such as an adjoining landowner on one side and the Association on the other EXCEPT if the other side of the fence was Crown Land in which case the fence would be the entire responsibility of the Association.
The exception to all the above would be if the Community, Precinct or Neighbourhood Management Statement defined the boundary fence as commonon property, lot owners property or some other combination thereof.
[See Kiwi Paul’s post above for a simpler definition]
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.
Here is a quote from Principles and provisions of Memorandum No AG600000 which is a standard ref for responsibility in NSW.
b. Fencing, if they are shown as a thin, dotted or no line on the strata plan then they are treated in accordance with the Dividing Fences Act, 1991 and are treated as follows.
i. Divides two lots. Cost apportioned between the two lot owners.
ii. Divides one lot from common property. Cost apportioned between the lot owner and the owners corporation.
iii. Divides one lot from an adjoining property outside the scheme. Cost apportioned between owners corporation and the adjoining property owner.This is a standard def for fencing responsibility and I believe it applies throughout Oz (def applies in QLD).
- You must be logged in to reply to this topic.