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We are a strata plan of four town houses. When they were first built in 2005, the lots were divided with colourbond fencing and matching colourbond side gates. Now the gates need repairs but the strata managing agent claims the gates are not common property and that each owner is responsible for the cost. Side gates do not appear on any list of what constitutes common property and on the site plan are outside the thick lines delineating the buildings.
Is there some precedent that includes side gates as common property?
Is it possible for the Owners’ Corporation (there are only four of us) to introduce a by-law naming the side gates as common property?
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Fences and gates are basically governed by the terms of the fencing Act. If the fence separates lot property from common property then the costs are shared 50-50. If they separate two lots, costs are 50-50 between lots and (I think) if the fence separates lot property from non-common property (e.g. it’s an outside fence), the costs belong entirely to the OC (although I would need to check that).
On the question of establishing via a by-law that the the fences are common property, what difference does it make since all four of you have to pay, one way or the other?
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.
I have similar question for fencing between courtyard which is considered common area. In this case I believe it’s body corporate expense. Property is in Qld does anyone have link to the fencing act? Also have broken window which committee says is up to me to pay (just bought property so not sure how it was done) but I thought that external facing window is body corporate as well. Thanks
I have similar question for fencing between courtyard which is considered common area.
Between the courtyard and what? I hate to be pedantic but you can’t have something “between” one thing. Is it between a common property courtyard and other common property, perhaps? You may find helpful advice about dividing fences HERE.
You also need to check your block’s by-laws and strata plan with regard to external windows to see who’s responsible as there may be rules specific to your scheme.
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.
Since there are only 4 units, why not leave the question of whether the gate is common property unresolved and just agree to replace them? In ACT, where I am, an OC can resolve to maintain certain categories of lot property. So, assuming a similar provisions where you are, the OC could resolve to replace the gates. If the gates are common property, then that is proper. If the gates are not common property, then the resolution to replace them could make it proper to replace them anyway.
The four owners end up paying for the gates regardless, whether they do it via the OC accounts or privately. Another way to handle it would be to have no resolution at all but just have the four parties privately agree to pay a quarter each to the gate installer.
Hi – it’s between courtyard of one lot and courtyard of another lot. Just not sure from the plan what is considered common property.
Its a bit unusual to have gates between courtyards. But it is what it is.
Generally fences between strata lots are not ommon property. So any repair or replacement costs are shared by the adjacent lot owners.
However if on the strata plan the fence line is drawn as a thick line like the outline of the building, then its common property. Its usually obvious the difference in line thicknesses.
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