WA: Why are strata lot owners and not insurance responsible for maintaining an internal fence?

Question: Why are owners in our strata scheme responsible for the internal fence between lots when the strata insurance covers fencing?

Answer: The responsibility for maintaining property within a lot, including the fence between lots, usually lies with the lot owners.

It’s important to differentiate between the “responsibility to insure” and the “responsibility to maintain.” These are distinct considerations, and the responsibilities can vary accordingly.

Strata insurance covers all building fixtures and fittings, including kitchen and bathroom fittings, internal walls, and fences that divide lots. The strata corporation is responsible for this insurance because, generally, it is not possible to insure only a part of a building.

However, the responsibility for maintaining property within a lot, including the fence between lots, usually lies with the lot owners. While the strata insurance policy can potentially cover damage costs through a claim, maintenance is the owners’ responsibility if no claim is made.

Regarding the cost-sharing for dividing fences, it’s essential to consider that while the strata insurance may cover the fence, the responsibility for maintaining it might still fall on the owners, especially if the fence is not covered under a specific claim. The legislation, such as the Dividing Fences Act, typically addresses the shared costs between neighbouring property owners.

If the owners believe a claim should be made under the strata insurance for damage, they should pursue that avenue. Otherwise, discussing shared costs with the adjoining lot owner or seeking guidance from the local council may be necessary.

Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 1300 554 165

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.