OC responsibility to maintain services that benefit multiple lots

There are 5 villas along one side of the complex which have backyards that supposedly extend to the complex boundary. Problem is that there is a log retaining wall with a 1.2 meter high fence on it that situated in the middle of the backyard i.e. completely cuts off access to a part of our own lot. The drop beyond the retaining wall is 2 meters into the rest of the lot. The location of this retaining wall and fence is not shown on the strata plan but there is a notation that the retaining wall and fence form part of common property.

Q1: Is that legal for the OC to block access to half your yard with common property infrastructure that is not even shown on the strata plan? There are no registered covenants related to not using the area beyond the retaining wall.

Q2: Shouldn’t such an important piece of infrastructure be shown on the strata plan?

Related to the above, there is a 1.5 meter wide continuous rubble drain at the base of the retaining wall that runs the length of my side of the complex, starting at my lot all the way down hill to the fifth lot. This is the only way water can be discharge from half the complex as we are not connected to council outlets on this side of the complex. There are no dividing fences between lots beyond the retaining wall – presumably because of the rubble drain?

Storm water from common areas and one other villa is intentionally directed via my lot and discharged into the rubble drain located within my lot. The area where the rubble drain is located has mostly been maintained (vegetation cleared) by the OC for the last 20 years, as has the common property retaining wall. There is no registered easement allowing the redirection of water onto an individual lot, but preventive maintenance has been undertaken with the understanding that the area services multiple lots and preserving the structural integrity of the log retaining wall is financially beneficial for the OC.

However, the new strata committee (n=2) has decided in their great wisdom that it’s not their problem (they live on the opposite side of the complex), and clearance needs to be approved by the OC. The strata manager has said it should be treated as common property and resolution by the OC is not needed.

While the committee has agreed to look at the retaining wall because there is evidence of wood rot on my side and soil is eroding from my yard through holes in the wall, they are not prepared to do the clearance/preventive maintenance – I don’t actually know how they can inspect the retaining wall from the lower side anyway without clearing first anyway but ….

Keeping a rubble drain at the base of a log retaining wall clear, and the log retaining wall clear (it has vegetation and larger trees growing out of it) seems to be preventive maintenance 101 to me. I requested maintenance because there is water pooling due to the overgrowth, and in turn this just promotes more growth on my lot (and attracts mozzies!). Noting my access to this part of the lot is blocked by a common property fence without a gate. Thee only access point is via the last villa or via a paddock which- is also so overgrown you can’t get through there.

Anyway, I want to find a permanent solution so this is all above board and legal moving forward.

Q3: The continuous rubble drain serves multiple lots so my understanding as per advice from the strata manager is that it’s considered common property even though there is no registered easement allowing for this. Is this correct?

Q4: Assuming the above is correct, if the committee refuses to take responsibility for the rubble drain in particular, can I request they disconnect and remove all the pipes that direct water onto my lot from others and find somewhere else to dump to excess water?

I think that’s actually trespass in the absence of an easement?

Q5: Can I force the OC to create an easement given that the drainage and point for water discharge it for their benefit and actually a nuisance for me? And if so, would the OC then be legally bound to maintain it?

I just don’t want the OC using and abusing my lot and expect that I’m going to clean up after them.

Any other ideas?

Thanks