In Victoria, we have a 99 year lease on the front lawn. We would like to erect a fence on this area. Can other lot owners object if we have exclusive use of the space?
We are unit 1 of 3 in a Victorian strata block. We have a 99 year lease on the front lawn. We would like to erect a fence that will be a continuation of the existing front boundary fence down the side driveway.
One lot owner is not in favour. What are the best steps for a resolution? Can they refuse if we have exclusive use of the area?
What you can do with a leased area depends on the "authorised use".
What you can do with a leased area depends on the "authorised use". If the terms of the lease is silent on whether you could instal a fence, I suggest that you request for the lease to be amended and signed by the parties to permit you to erect the fence. Alternatively, you could obtain legal advice to review the terms of the lease and determine if it does actually already permit you to erect the fence.
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Rochelle Castro is the Principal Lawyer of RC & Co Lawyers, a national boutique firm with offices in Victoria, New South Wales and Western Australia. A large part of her practice includes strata, subdivision, general property, building & construction. She has been serving the strata law industry for the past 12 years. She regularly appears in Tribunals and various Court jurisdictions for various strata stakeholders. She annually presents papers on strata and construction law in international research forums. She is also a volunteer trainer of Strata Community Australia’s introduction to strata education program. Rochelle believes that practice of law must be effective, resourceful and clear. Rochelle is a regular contributor to LookUpStrata. You can take a look at Rochelle’s articles here .
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