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Can someone verify or advise differently the responsibility strata owners have in repairing or replacing fences in their Owners Corporation in Victoria. Opinions differ by Consumer Affairs staff which is causing angst with some owners. As there is no such OC Fencing Act due to such a variance in strata land and buildings the following has been suggested by some CA staff members as deemed as being the most logical and common sense principle if no separate internal by laws are in place.
If the fence is used strictly for the sole use of that unit then that unit is solely responsible for its upkeep or replacement. But if the fence borders common property on one side and private property on the other side then the OC is responsible for 50% and the owner for the other 50%. If the fence separates two units then both owners are up for 50%.
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Your thoughts are very close but not identical to the NSW Fencing Act, which according to the “Who’s responsible?” document, basically says:
If a fence …
1. Divides two lots. Each owner is responsible 50/50
2. Divides one lot from common property. The owner is responsible 50% & the owners corporation is responsible 50%
3. Divides one lot from the adjoining property [which is not part of the strata scheme]. The owners corporation are responsible for 100% of its share.
In the absence of specific legislation or guidelines, I would use the above until someone told you you couldn’t.
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.
In the ACT it would generally be like that too.
However, in our particular OC, the norm is to not have a fence. Our landscape design envisaged unit area gardens being blurred or blended into the common property. Fences are permitted but discouraged in written policy adopted by general meeting resolution. It is therefore only when a unit owner wants to have a fence on their boundary with the common property that they are given permission to do at their own expense and subject to conditions about the style. Our OC does not pay for any fence maintenance costs.
@Janka said:
Can someone verify or advise differently the responsibility strata owners have in repairing or replacing fences in their Owners Corporation in Victoria. Opinions differ by Consumer Affairs staff which is causing angst with some owners. As there is no such OC Fencing Act due to such a variance in strata land and buildings the following has been suggested by some CA staff members as deemed as being the most logical and common sense principle if no separate internal by laws are in place.If the fence is used strictly for the sole use of that unit then that unit is solely responsible for its upkeep or replacement. But if the fence borders common property on one side and private property on the other side then the OC is responsible for 50% and the owner for the other 50%. If the fence separates two units then both owners are up for 50%.
Janka, have you received further advise on this? Some members of our OC are currently challenging the repair costs/ replacement of a street facing fence that divides a lot owner’s private yard from the public footpath. OC management has ‘interpreted’ our strata plan and ‘the Act’ and stated shared cost of 50% lot owner and 50% OC. It’s a double brick fence 1.75 m high, 11m long estimated cost $15k + so not small biccies for small OC numbers.
i am seeking advice from community legal centre but suspect may not help. I like to think ‘logic and common sense principles’ will apply but I am discovering you can’t assume this…
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