An owner would like to fence a small portion of common property as a safe area for their dog. Some owners have concerns. How do we handle this?
We have a small piece of common land next to one of the units in our complex. A new owner would like to fence this common property as a safe area for his dog. Some owners are a bit worried about a few aspects of this arrangement, for example things like adverse possession. How are we best to move forward?
You could consider leasing the suggested area to that owner and specify the intended use of the said area within the lease.
Common property cannot be acquired through adverse possession.
Having said that, you do need to determine the following before handing over some common property:
- Do all owners agree with sacrificing some of the common area for someone's personal benefit?
- Would fencing off this land affect the general enjoyment of other residents living within the property?
- Would the new owner agree to ""return the common property"" if requested by the owners corporation?
- Is there a possibility the enclosed area may be used for other purposes?
A number of things would need to be clarified with the owner prior to giving consent.
The risk of adverse possession (not being possible) may be the least of your concerns.
A cleaner and more ""legal"" approach would be to seek legal instruction and consider leasing the suggested area to that owner and specify the intended use of the said area within the lease.
There will be a cost involved but the OC can sleep soundly knowing it has provided the owner with clear and strict guidelines as to the specific use of the area and that going beyond the lease agreement can result in legal action.
Below is the section within the Owners Corporations Act 2006 that permits an OC to grant an owner a portion of common property.
Section 14 — Powers relating to property:
Leasing or licensing of the common property:
By special resolution, an owners corporation may lease or license the whole or any part of the common property to a lot owner or other person.
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After six years in the industry, I decided to branch out on my own in late 2019. At StrataPoint OC, our aim is to deliver a level of service that's personal and specific to each OC — because every OC is different. I know that's something you hear often, but at StrataPoint, we're committed to capping our portfolio size so we can maintain high service levels and attention to detail. It's simple maths: the larger the portfolio, the less time there is for each OC.
Being SCA accredited, I stay engaged in ongoing training, development, and industry events to keep up with changes in the sector. I genuinely enjoy liaising with committees and solving their problems — especially when it means saving them money along the way. There's real satisfaction in that.
If you're considering a change in management, or know someone who is, feel free to reach out. I'd be happy to help.
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