Has the new Strata Titles Act 1985 (May 2020 ratified) changed the ‘liability for upkeep and maintenance’ for internal fences (not Boundary fences) within a Strata Scheme to that now solely being a Strata responsibility? Previously if an internal dividing fence repair or replacement was required b/w lot owners or a lot owner & common property, that liability/cost was shared 50% between them.
PREVIOUSLY
"Dividing fences a guide - Building Commission 2012 - Government of Western Australia, Department of Commerce"
• if the fence divides two (2) lots in the strata scheme, the owners of those lots are equally liable; and
• if the fence divides both a lot and common property in the scheme, the owner of the lot and the strata company are liable.
NEW Strata Titles Act 1985
(a) adjoining lots were adjoining lands to which that Act applies;
The ‘survey-strata scheme’ referred to in above section ‘214. Internal fencing’ entry is inclusive of ‘single tier strata scheme’s according to ‘Schedule 2A — Special provisions for single tier strata schemes’
PREVIOUSLY
"Dividing fences a guide - Building Commission 2012 - Government of Western Australia, Department of Commerce"
• if the fence divides two (2) lots in the strata scheme, the owners of those lots are equally liable; and
• if the fence divides both a lot and common property in the scheme, the owner of the lot and the strata company are liable.
NEW Strata Titles Act 1985
214. Internal fencing
(1) The Dividing Fences Act 1961 applies to fencing between lots in a survey‑strata scheme as if —(a) adjoining lots were adjoining lands to which that Act applies;
The ‘survey-strata scheme’ referred to in above section ‘214. Internal fencing’ entry is inclusive of ‘single tier strata scheme’s according to ‘Schedule 2A — Special provisions for single tier strata schemes’
