This Q&A about who is responsible for nature strip maintenance has been supplied by Jane Giacobbe, Strata Reports Victoria.
Question: In a group of 3 strata units who’s responsible for the front nature strip maintenance regarding mowing? The front unit who faces onto the nature strip or the owners of all the units?
Answer: You need to review the plan of subdivision for the owners corporation.
The way to determine who is the responsible owner for the front nature strip maintenance would be to review the plan of subdivision for the owners corporation.
You should make sure that you have a copy of the registered plan of subdivision to review and this may be obtained from Landata.
On that plan you will be able to identify the boundaries of each lot and the areas that are common property.
You may find that the front nature strip is to be maintained by all of the owners if it is common property or just one lot owner if it belongs within an individual owners boundary of their lot.
It is important to note that a registered special rule may exist in relation to the use and maintenance of the front nature strip and this would be noted on the registered plan of subdivision.
Copies of any registered special rules could also be obtained through Landata.
Jane Giacobbe Strata Reports Victoria E: info@srvic.com.au P: 0402 341 848
This article is for reference purposes only and is not intended to be a comprehensive review of the developments in the law and practice or to cover all aspect of the subject matter. It does not constitute legal or other advice and should not be relied upon this way. Readers should take legal or other advice before applying the information containing in this publication.
This post appears in Strata News #298.
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