This Q&A article is about boundary fence replacements in WA strata schemes.
Question: We have two street-facing units with front fences needing replacing. The fences are part of the strata boundary. Should the owners of the two front units share 50% of the cost of replacement?
Answer: The cost should be shared 50/50 by the owners of the land on either side of the fence.
The Dividing Fences Act 1961 Section 7 notes that the liability of Owners of adjoining lands to a fence are liable to join in or contribute in equal proportions, which means the cost should be shared 50/50 by those that own the land either side. What you will need to do is look at your Strata Plan and ascertain who owns the land either side of the fence, if one side is strata common property and the other is a lot, then yes the cost needs to be split between the strata scheme and the lot.
When obtaining quotes it’s not as simple as the strata paying half and the two front units paying half. You will need to get a price for each section of fencing that is owned by the front lots and then that respective lot shares the cost with strata.
If one side of the land is road / verge and the other side is individual lots then those lots will need to share the costs as State Government departments are not bound by the Dividing Fences Act and hence don’t contribute to the costs.
Jamie Horner
Empire Estate Agents
E: [email protected]
P: (08) 9262 0400
This post appears in Strata News #611.
Have a question about boundary fence replacement or something to add to the article? Leave a comment below.
Read Next:
- WA: Q&A Strata Insurance – Fences, Walls & Garage Doors
- WA: Q&A Apartment Building Fire Safety Regulations
- Dividing fence matters – overview
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Hi Jenni
Thanks for your question, it actually depends on what your strata plan says. When you purchased the property you would have received the strata plan and on it, it will show if the roof is common property (so strata to fix and maintain) or if its your roof (ie part of your lot). Speak to your Strata Manager if you dont have a copy and also you may want to check your by-laws as well at the same time.
Thanks
Jamie Horner
Hi
New to strata housing.
Does the Strata or the owners pay for a new roof on the storage room that is in your private compound.
The storage unit is part of complex when you buy your unit. It’s situated in the back part of your yard, you share the same roof as your neighbours.
Pilbara WA