This question about who pays for fence replacement in ACT has been answered by Christopher Kerin, Kerin Benson Lawyers.
Question: Who pays for fence replacement in a townhouse complex? Are strata management companies in ACT responsible for covering the full cost?
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Who pays for fence replacement? Are strata management companies in ACT responsible for covering the full cost? I have been told by a friend that fencing and roof repairs in my townhouse complex should be paid for by the strata company. Is this correct? I have asked my strata company for a copy of the by-laws.
Answer: Who pays depends on where the fence is located and whether the units plan is for A or B class units.
In short, it depends on where the fence is located and whether the units plan is for A or B class units.
Firstly, if the fence is located on the boundary between:
- – common and lot property;
- – lot and lot property; and
- – common or lot property and a neigbouring property,
the Common Boundary Act 1981 applies.
Otherwise, if the fence is common property, the owners corporation must repair and maintain the fence.
It is also possible that the fence is lot property and if so, the lot owner must repair and maintain the fence.
Finally, if a rule has been passed and is in place in relation to fences, it could affect the application of the above principles. In addition, the units plan should be referred to to determine how the above principles might apply as notations on the units plan may affect the application of the above principles.
In order to determine which of the above scenarios apply, I would need to see the rules, the units plan and have the particular fence identified.
This post appears in Strata News #179.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
After more detailed information dealing with Strata Law in the ACT? Chris Kerin’s Guide to ACT Strata Law is now available.