Question: Our courtyards are common property, but the committee has resolved that boundary fences between units are our responsibility to maintain. Can they do that?
We live in a townhouse complex of 52 homes. Each unit has a fenced courtyard between the garage and the house, with a dividing fence between neighbouring homes. The courtyards are common property with no exclusive use, even though they are fully fenced and not accessible to other residents.
The committee resolved that courtyard boundary fences, where exclusive use has not been granted, and no exclusive use by-law assigns maintenance obligations, are deemed improvements to common property for the benefit of the adjoining lot. Under section 187 of the Body Corporate and Community Management (Standard Module) Regulation 2020 (the Regulation), the benefiting lot owner or owners are responsible for maintaining such improvements in good condition, unless excused by the body corporate.
Can the committee do this? This resolution came only after committee members’ fences had already been replaced, and the older ones were deteriorating. Since the body corporate built the fence on land it owns on both sides, and owners are not permitted to make improvements to the courtyard, the body corporate should be responsible.
Answer: Generally, the body corporate is responsible for maintaining fences on common property, unless a lot owner installed the fence.
If the fence is situated between two common property courtyards (which are not exclusive use areas), the body corporate will be responsible for maintaining the fence.
However, if a lot owner installed the fence, the lot owner is responsible for its maintenance unless excused by the body corporate, pursuant to section 187 of the Regulation. This obligation will apply to a lot owner, even where a former owner of their lot installed the fence.
This post appears in the July 2026 edition of The QLD Strata Magazine.
Holly Oddo
Mahoneys
E: hoddo@mahoneys.com.au
P: 07 3007 3733
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