WA: Q&A Access Problem with Neighbour via Shared Gate

This Q&A about access problems with the next door neighbour over a shared gate has been answered by Jordan Dinga, Abode Strata.

Question: I have access problems with my next door neighbour. I was told there was a bylaw granting me access to a rear gate. How do we resolve this?

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I live in a unit within a 4 unit strata complex in WA. When I purchased the unit, I was told there was a bylaw gaining me access from my property through the next door unit’s back area via a gate in the dividing fence between the said units for lawn mowing, mulching etc.

This has never been a problem in the past, however, of late this has become unacceptable to the tenant. The gate has been blocked by ropes, timber and stones.

We have contacted the owner of the next door unit who agrees access should not be restricted in any way. For emergencies, this lack of access is totally against the agreement I accepted on the purchase of the unit. I understand that tenants are entitled to privacy, however, should a fire or relevant disaster occurs in our property we have no accessible egress from the rear of our unit.

We have always notified tenants for the need to access through the adjoining gate, with no objections whatsoever. Lately, access is never convenient.

I contacted my Strata Manager and was notified the tenant had put in a complaint of harassment and in future. Should I have the need to access her property in the future, I need to give 5 days notice to my Strata manager and they will negotiate a convenient time.

I did what was requested and notified in advance. I have notified my Strata manager in writing of my concerns regarding the blocked access and my objection to being filmed while doing what I require to do during the gate being opened.

My question is, what are my rights and how should I approach this matter?

Answer: Your strata manager your strata manager is 100% correct that 5 days notice is sufficient.

After reviewing the bylaws, there seems to be no specific by-law relating to access to the lot.

Therefore, your strata manager is 100% correct that 5 days notice is sufficient.

My suggestion would be to knock on the neighbour’s door with a bottle of red and become friends… Easier said than done but you will have peace of mind, either way it goes down.

Unfortunately, when people buy strata titled properties, there may be misunderstandings about what real estate agents refer to.

This post appears in Strata News #237.

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Jordan Dinga

Abode Strata
P: 08 9368 2221
E: [email protected]

Please note: this response was provided prior to the proclamation of the new strata title amendments.

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