Question: A lot owner in our townhouse development has a yard space that is their exclusive use. If not maintained, is this space the responsibility of the owners corporation or Owner?
A free standing townhouse has a fenced off yard that is for the exclusive use of the occupier. The space has not been maintained. Is this area the owners corporation’s or Owner’s responsibility? Can the owners corporation take action to compel the owner to allow them access and do the work at the owner’s expense?
Answer: If the garden area is part of the lot (townhouse) or exclusive use to them then the owner would be responsible for the maintenance.
If the garden area is part of the lot (townhouse) or exclusive use to them then the owner would be responsible for the maintenance.
A standard by-law in place with residential schemes is a requirement for keeping their lot maintained and not affecting the appearance of the rest of the complex.
You will need to check the by-laws for your particular strata scheme but an example of the by-law you are looking for is included below. The Owners Corporation can proceed with by-law breach action to compel an owner to comply.
Appearance of lot
The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
This post appears in Strata News #575.
Robert Fothergill
Strata Life
E: Robert@thestratalife.com.au
P: 02 9456 9917
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