This article discusses strata internal fence maintenance responsibility and confirms that repair costs remain shared between adjoining owners and the strata company.
Question: Did the amendments change the liability for upkeep and maintenance for internal fences within a Strata Scheme?
Have amendments to the Strata Titles Act 1985, introduced in May 2020, changed the liability for upkeep and maintenance for internal fences within a Strata Scheme? Are internal fences now solely Strata’s responsibility? I thought that previous to May 2020, if an internal dividing fence repair or replacement was required between lot owners or a lot owner and the common property, the cost was to be shared equally between both parties.
Answer: The situation has not changed regarding cost of repairs and maintenance of internal fences
There is no change in the liability of owners and the strata company regarding repair/maintenance of internal dividing fences. Section 214(1)(a) of the current Strata Titles Act 1985 simply repeats the requirements in the Dividing Fences Act 1961 that-
- adjoining lots must equally share the fencing repair/maintenance costs;
- equally share with the strata company, its share of the fencing repair/maintenance costs where the part of the fence sits on common property.
This post appears in the November 2021 edition of The WA Strata Magazine.
Rochelle Castro RC & Co Lawyers E: law@rccolawyers.com P: 1300 072 626