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Topic
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One unit owner has asked the owners to pay for a privacy fence on common property under a special levy. This fence adds no value to any unit but theirs. The fence serves no purpose to any other unit but theirs. I am at a loss to understand why all other unit owners are obliged to pay for a fence that does not serve the common needs of all unit owners. I don't have a problem with the fence being built but wonder why they don't have to pay the cost themelves.
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More to the point, the OC is obliged NOT to provide improvements or services that only benefit only one owner unless there is another reason that benefits the whole building.
The key question is, does this fence enhance the amenity, safety and physical integrity of common property.
If not, the most an OC should do is allow the owners of that lot to build the fence with the proviso that they (the unit owner) undertakes to maintain the fence in perpetuity.
This will require a special resolution which will need the support of 75 percent of owners voting at a general meeting.
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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