Question: Are all units in an owners corporation responsible for maintaining the nature strip adjacent to our property even though the nature strip is not part of common property?
We have a nature strip adjacent to our class B units. The nature strip is public land but the landowner is responsible for maintaining it in the absence of any registered house rules. If the landowner is an owners corporation, are all units responsible for maintaining the nature strip even though the nature strip is not part of common property?
Answer: The owners corporation is responsible for the maintenance of the nature strip in front of the complex.
The ACT Government have produced a document called Your Nature Strip: Guidelines for use of Residential Nature Strips which stipulates the responsibilities for the nature strip.
The document states that the owner of the land adjacent to the nature strip is responsible for the mowing and weeding of the nature strip.
Most B class complexes employ a gardener to maintain the common area gardens for the complex, and the nature strip would form part of the contract with the gardener.
In the case of B class complexes that do not employ a gardener, often one of the owners will maintain the nature strip.
So yes, the owners corporation is responsible for the maintenance of the nature strip in front of the complex.
This post appears in Strata News #743.
Steve Wiebe
Bridge Strata
E: steve@bridgestrata.com.au
P: 02 6109 7700
I’m owner of class A unit. My garage is detached from my unit and situated below open uncovered courtyards of class A units above. Water penetration is noted in my garage roof around the stormwater pipe from above.
Is the courtyard floor considered external wall / roof in this case so it is maintenance responsibility of owners corporation? Or is it responsibility of lot owners?
Thanks.
Hi Kim
We direct you to one of the Q&As in the above article:
Question: Is it the owners corporation or lot owner’s responsibly for maintenance and repairs of courtyards (specifically tiles, waterproofing etc)? Our plan clearly distinguishes between our balconies and courtyards.
I am very confused about ACT laws relating to responsibility for shared boundary fencing: Grateful for advice about which party or parties are responsible for repairs to a non-common (concrete pillar and iron) street-facing fencing designed and built during development of the complex between Common Property (the street garden verge) and a Class B (townhouse) front courtyard. Some advice says it is 50/50 (but generally that is only for basic common wood pale fencing) and other information (from NSW) suggests its 100% the Owners Corporation’s responsibility. ACT legislation does not seem to address these details – not that I can see…
Hi Si
The ACT article should assist:
ACT: Q&A Fence replacement costs in a townhouse complex
Further questions? You may be best to contact local council.
I own one of the two units in a unit class B arrangement. in the ACT.
The other ower and his contractors invariably use my roof to access his roof to assess and repair his roof. even though he can access and repair his roof from his own unit.
For 15 years, I have requesting him not to trespass as carying heavy equipment and heavy traffic across my roof demages my roof and I pay for the repairs. He simply ignores my requests.
Last month, in frustration,I wrote to him to formally request to stop such actions otherwise,I will be forced to escalate. The mad person then took out a subpoena to the police to provide him with the number of times I have complained about him.to the police.
What actions can I take against him.
Hi Susan
The following response has been provided by Chris Irons, Strata Solve:
You mention the Police are now involved. If that is the case, then you may need to seek legal advice about what your options are in relation to that action. While you are at it, you may wish to seek legal advice regarding your suggestion of ‘trespass’.
Putting that to one side, while I am no expert in ACT strata legislation, I do know that in Qld strata legislation, for example, there are provisions about power of entry to lots, along with provisions in relation to easements. If these provisions are relevant and have been breached you can potentially take action under the relevant strata legislation.
That said, it sounds as though the issue has gone well beyond a strata issue – not everything which happens in strata is a strata issue to resolve, especially if it has been occurring for 15 years.
Chris Irons, Strata Solve
W: https://stratasolve.com.au/
E: chris@stratasolve.com.au
P: 0419 805 898
Rat and mice control. Adopt a cat. Whenever have issues around our block as there are two of them to keep it under control.