A lot owner from QLD is wondering about maintaining a boundary fence. Todd Garsden, Hynes Legal provides the following response.
Question: Who is responsible for repairing or maintaining a boundary fence which is located in the exclusive use area of lots in Queensland?
Who is responsible for repairing or maintaining a boundary fence (adjoining the next door property) which is located in the exclusive use area of lots in Queensland?
The complex consists of 2 lots of 2 duplex under the standard format plan. We have a common area driveway, gardens etc which are maintained by the Body Corporate. At the rear of each unit, and at the side of 2, is a dividing fence and it is in the exclusive use area of those units. This fence forms the boundary between the complex and the neighbouring houses at different addresses.
Each unit maintains the exclusive use area, but maybe the fence is the responsibility of the Body Corporate as it is the boundary.
Answer: The answer may turn on the wording of the exclusive use by-law and whether there are other parts of the fence not bounding the exclusive use area.
The answer may turn on the wording of the exclusive use by-law and whether there are other parts of the fence not bounding the exclusive use area, but generally, it is the responsibility of the body corporate to maintain fences erected to form the boundary between the scheme and adjoining land.
In The Gardens  QBCCMCmr 351, the adjudicator declared the owner was not responsible for maintaining a small segment of the fence on exclusive use area where the fence ran along the boundary of the scheme. This was because the fence primarily was for the benefit of the whole scheme. So it depends on the by-law and the fence itself.
This post appears in Strata News #177.
- NSW: How To Deal With Boundary Fences In Strata – PODCAST
- NSW: Dividing Fences and Trees – Part 1: Fences – the who what and when