PippieF

@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…