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I bought this villa because it has an area of land included on the lot, and I envisaged utilising that area as an outdoor living area. However, previous owners have not done anything to “lay claim” to the area, and it is just a grassed area similar to the common property areas between the villas; there is no physical demarcation between the lot and common property. I would like to extend the existing short fence screening the clothesline to enclose the rest of the lot (the same materials as is used to enclose the courtyards on all lots – colourbond fence), but I can now envisage that approval would not be given because it would change the aesthetics or some such rationale.
Alternatively, I could plant it with hedge-type screening, which would not provide the same level of privacy, but – do I need to ask permission to plant on my own lot? if so, could they not also refuse permission on similar grounds, that it changes the outward appearance?
The larger lot size incurs an increased number of unit entitlements, and hence fees, but it seems that, while I am paying for it, I have no actual claim to it.
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If it is clearly part of your lot as shown on the strata plan, then that is that. You have exclusive use of it if you want to exercise that right. However, you might well still need permission to erect any structures such as a fence on the boundary. Is your lot unique or are there others that similarly have a larger bit of land? Have those been enclosed and, if so, how? Without seeing your situation, I would expect that it would be reasonable for the OC to require you to match the style of other fences rather putting up any other random style if you want a fence. What about planting just a few bushes and paving in a way that is enough to indicate the public vs private areas without an actual structure like a fence?
The larger lot size incurs an increased number of unit entitlements, and hence fees, but it seems that, while I am paying for it, I have no actual claim to it.
Has anyone told you you have no claim to the land? If so, is it in writing and on what basis do they say this? If you are paying levies for the land, then it must be yours.
Also, have you been told you can’t put up a fence or are you just assuming it will be rejected?
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.
I agree with Sir Humphrey.
A separate issue comes to mind if the land is common property over which you have exclusive use. In such a case, the question is: what is the extent of the OC’s responsibility to maintain the area, regardless of whether you make use of it or not.
For instance, if it was a roof top garden that you alone had exclusive use over, the OC would be responsible to maintain the tiles, water membrane etc. The lot owner, you, would be responsible for any structure (building it and maintaining it).
I have no idea as to what responsibilities the OC has to this patch of land, assuming it’s common property, others in here may.
I get the feeling we are whistling in the dark here as I suspect the OP hasn’t actually applied to the strata committee for permission to erect the fence (apologies if you have – but you haven’t said as much).
The simplest thing to do is to send a letter to the secretary and the starta manager saying you want to install fencing of a certain height along your boundary, stating the proposed material and its colour and asking if they have any problems with that and what they might be.
Point out (politely) that this land is part of your lot and the enclosure will be consistent with other owners’ yard fencing.
Their response is where you discussions begin. Don’t assume they’ll say no. If they do refuse, their grounds for doing so will give you an idea what your next step might be. It will also trigger the possibility further action to pursue the issue.
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.
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