We all need a place to call home: our haven, our sanctuary, our palace of respite. Feeling safe and secure at home is an essential right that we all deserve, and there are a few ways we can achieve this. The most basic of these is fencing.
Fencing keeps us feeling safe inside while giving us privacy and protection from the outside world. It allows us to feel secure and comfortable at home while also keeping our pets safe inside our property and kids safe while playing in the yard.
Other home security measures can help, such as CCTV, but the humble fence, like PVC fence panels, is the first line of protection. There are many types of fences, each with its set of benefits and drawbacks, including materials used, cost and protection offered.
But what if you live in a strata property like a unit or townhouse? How do you approach fencing in this case, as fences are shared across multiple lot owners?
It can be hard to navigate, but this helpful article will share what you need to know about fencing for strata properties. Continue reading to learn everything you need to know about fencing for your strata property.
What is a Strata Property?
A strata property is a property that has been built on a strata plan. The strata plan is a subdivision of a parcel of real estate land. The strata plan shows the lots and the common property of the strata scheme.
For instance, a large parcel of land is subdivided and ten units are built on the land. Each unit sits on its lot, but there are common areas such as driveways, lawns or gardens that any particular lot owner doesn’t own.
In most cases, particularly for strata properties of four or more units or townhouses, the strata is managed by an owner corporation manager, which is either made up of a lot owner who has been appointed or an external company who manages the common area insurance and other elements of the strata plan.
Who is Responsible for Fencing in Strata Properties?
Let’s take Sarah as an example. Sarah owns and lives in a townhouse that is part of a strata scheme. The front and back fences of her property also mark the perimeter of the property and are shared with common areas.
As such, they are the responsibility of the owner’s corporation to maintain, but Sarah also has a fence separating her yard from her next-door neighbour’s yard.
As this fence does not form part of the perimeter of the property or border common areas, it is the shared responsibility of Sarah and her neighbour to maintain this shared fence, and the cost of all modifications, repairs, maintenance and new fence installation should be split 50-50 between the two neighbours.
This is how fencing responsibility works in non-strata properties.
An exception to this rule would be where Sarah’s neighbour wants to modify or replace a shared fence but Sarah is quite happy with the existing one.
If the existing fence is in good condition, with no noticeable damage or need for replacement, Sarah is under no obligation to contribute towards its replacement. When such situations arise, in most cases the neighbour who wants to replace the fence is required to pay for the new fence in its entirety.
Another instance is if one neighbour wants a fancy, premium fence that costs more than is reasonable when a regular fence will do the job.
Shared Fencing with Another Strata Property
Another situation that can occur with strata properties is when boundaries are shared between one strata property and another, such as an owner’s rear fence being shared with the common area of a separate strata property.
In this case, the costs are shared between the lot owner and the owner corporation of the adjoining property. It might even be that two common areas share a boundary, in which case both owner’s corporations share the cost of replacing the fencing.
Can’t Solve a Fencing Dispute?
If you can’t solve a fencing dispute between neighbours or between yourself and the owner’s corporation, there are a few options. You should initially try and resolve the issue yourself, between the parties concerned.
Suppose this option is exhausted, and you can’t come to an agreement. In that case, you can take the matter to the local civil and administrative tribunal, such as NCAT or VCAT if you’re in Victoria, which can consider the matter and hand down an official ruling that will compel the parties to come to the table and pay for the portion of fencing they’re responsible for.
These disputes are common and are frequently heard at these tribunals.
A Strata Fencing Summary
This informative article has shared all about fencing for strata properties and what you need to know about this fascinating topic.
By now, you’re an expert, and you’re armed with the vital knowledge you need to resolve your fencing matters. So get out there and speak with your strata manager and perhaps even your fellow neighbours to resolve any and all fencing disputes swiftly and respectfully.
With some teamwork and pragmatic thinking, you should be able to enjoy secure and up-to-date fencing that safeguards all the lots on your strata managed property.
