Fence& garden damaged: new strata next door builders.

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  • 19/03/2014 at 1:54 pm #9415
    Frans
    Flatchatter

      Our metal fence-line has been damaged by the builders of new strata block next door. They have supported their building equipment by leaning it against the fence.  Suffice to say, most panels are mal-aligned, dinted, &  shifted so that the fence is no longer in a straight line. As well, builders are constructing an access road which is next to the fence.

      *On the other side of the fence is our own garden, with established plants, shrubs etc. work, time, effort and $’s involved over the past 21/2 yrs. Already a couple of the small trees lining the fence,(in an effort to disguise the metal), have been under-mined by the road construction.

      The on-site manager was informed of our concern & took the time to look at the fence; he smilingly agreed that it was damaged.  He then told us that the entire fence would ‘probably’ be replaced when the building construction is finished. About out garden:” well, never mind, these things happen we’ll build the new fence on our property” (next door).

      Concerns: 1.damaged fence=”probably replaced”  2. our garden

      The Secretary does not wish to become ‘involved’ & new SM very busy as off OS next week. Guess the next question is, should we send letter to Building Company or take the word of overseer?

      Cry

       

       

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    • 19/03/2014 at 7:13 pm #21216
      Narelle81

        What a pain.

        I’m no expert but I would take photos of the garden, damage and take pictures of the building site. Make sure you try and get pictures of the machinery leaning against the fence if you can.

        I’d then write to or email the building company. Try to get something in writing.

        it would be helpful if anyone had before photos of the fence and garden.

        20/03/2014 at 9:45 am #21222
        Jimmy-T
        Keymaster

          @Frans said:
          The Secretary does not wish to become ‘involved’ & new SM very busy as off OS next week. Guess the next question is, should we send letter to Building Company or take the word of overseer?

          According to the Strata Community Australia’s mostly excellent “Who’s responsible …?” document, a fence between a lot and an external property is 100 percent common property and an Owners Corporation responsibility.

          The Owners Corp has a duty to maintain and repair common property. without limit.  Time to fire off a letter to your strata manager and secretary pointing this out, if only for future reference.  (By the way, a secretary who ‘doesn’t want to get involved’ shouldn’t really be on the EC).

          There’s no point in the fence being fixed until the work is finished.  But you could find out the name of the developer (not the builder) and politely request them to pay for gardeners to come round NOW and fix up the damage to your garden.

           

           

           

          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.
          25/03/2014 at 12:29 pm #21262
          Frans
          Flatchatter
          Chat-starter

            Oh Jimmy T..

            Thank you so much…you see, for the past 21/2 yrs the other owners, (3), had decided that the dividing fence was OURS!

            Too late to take pics Narelle81.

            Had already written to ‘builder’s’ GM, no reply as yet.

            Many thanks again

            Frans 

            24/04/2014 at 2:36 pm #21440
            Frans
            Flatchatter
            Chat-starter

              Thanks again Jimmy T

              Wrote to Building Company MD who responded by way of two line para, (?letter), letting me know that fence will be replaced once building completed.  As well, any damage to trees lining fence, (our side of fence), will be replaced or whatever.

               

              *****However, have now found NEW dilemma.  Due to the prolonged construction, cement dust, road-base dust etc. ALL shrubs have been found to be ‘dirty’ with dust, leaving them vulnerable to disease, pests and, they’ve succumbed!!  No matter what has been tried the $’s x 10000’s of trees & shrubs have been adversely affected. ****

              I believe that the cost of treatment of above, as advised by horticulturist, should be borne by Building Company.  (Not to mention my time & effort spraying,picking off mealy bugs-one by one, gathering & destroying diseased foliage,  blah, blah, blah…crawling around the garden when, as an aged person, should be enjoying myself……e.g bingo!!!.(just kidding).  However, not kidding about watching my 2+ years of good gardening practice go down the drain is disheartening.

              Finally, am I correct in assuming that I should forward SM  receipts for purchases to fight the good fight which will then be forwarded to Company involved?

              Cheers

              F 

              25/04/2014 at 12:17 am #21445
              Frans
              Flatchatter
              Chat-starter

                @Narelle81 said:
                What a pain.

                I’m no expert but I would take photos of the garden, damage and take pictures of the building site. Make sure you try and get pictures of the machinery leaning against the fence if you can.

                I’d then write to or email the building company. Try to get something in writing.

                it would be helpful if anyone had before photos of the fence and garden.

                Hi Narelle81,

                Thanks for your advice.

                F

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