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  • #39145 Reply | Quote
    shedsrus
    Flatchatter

      At risk of going off on a bit of a tangent I would like advice on my situation which is developing along a similar line [to the previous one about three out of four owners wanting to tun common property into private yards].

      Our strata (6units) has two ground-floor lot-owners with pets. They are both wanting to erect fences to restrict movement of said pets which I, and none of the other owners, have been seeing as too much of a problem.

      ……right up until I saw this post.

      By allowing these fences are we leaving ourselves open to a potential “land grab” situation in the future?

      As said, we a a small complex and have good relationships with each other as things stand but I want to be sure future owners don’t turn up with interpretations different to that which may have been initially agreed upon.

      Thanks in advance.

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    • #39156 Reply
      Jimmy-T
      Keymaster

        The Owners Corp could grant permission for the fences subject to signed agreement on certain conditions established in a by-law, such as (for example) …

        1. The agreement must be renewed every year at the AGM
        2. The fences will be properly maintained by the respective owners, including fences that back on to common property.
        3. At no point wil the owners use the existence of the fences as an argument in any claim to resume common property into their lot.
        4. The fences will be removed, as appropriate for each lot, PRIOR to sale of the unit.
        5. Any breach of this agreement will result in the fences being removed at the lot owners’ expense.

        If you explain to the pet owners that these conditions are to protect the Owners Corp from future owners, not them, they should be amenable.

        And if they’re not. just say no.

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
      Viewing 1 replies (of 1 total)
      Reply To: Would fences for pets leave us open to a land grab?
      PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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