HI all,
With the recent storms we've had in Perth our back fence has got some damage. We live in a strata complex of 6 units, and our back fence in also the boundary property of the entire complex.
I got in touch with our strata company and I was told it's not their problem, owners have to sort it out and the justification they used was:
"Strata of the part lots external to the buildings extends 8 metres below and 10 metres above the upper surface of the ground floor of the respective adjoining lots except where covered" which is stated at the bottom of the original strata lot plan from landgate.
The full statement is as follows:
"External surface of the walls are the boundary of the part lots comprising the building except for the common walls where the internal face of the wall is the boundary.
Strata of the part lots external to the buildings extends 8 metres below and 10 metres above the upper surface of the ground floor of the respective adjoining lots except where covered"
My interpretation of it, when read in its entirety (that paragraph was cherry picked) is that everything within the buildings are the owners responsibility, everything outside is the stratas responsibility.
Am I being biased in my interpretation, because if thats the case strata insurance should cover it?
Also part 2, I looked at the strata act on 1985 and found the following section:
213.Dividing fences
(1)The ownership of land in a strata titles scheme is to be determined in accordance with this section for the purposes of the Dividing Fences Act 1961.
(2)Subject to subsection (3), the strata company for a strata titles scheme is taken to be the owner of the parcel that is the subject of that scheme.
(3)In a survey‑strata scheme, the owner of land in the scheme that adjoins land outside the scheme is taken to be —
(a)in the case of a lot, the owner of the lot; and
(b)in the case of common property, the strata company.
Again, I read this as the lot is considered owned by the strata company excluding the part lot units that are privately owned. Is this more of my biased or do both parts prove that the boundary fence should be covered by strata?
With the recent storms we've had in Perth our back fence has got some damage. We live in a strata complex of 6 units, and our back fence in also the boundary property of the entire complex.
I got in touch with our strata company and I was told it's not their problem, owners have to sort it out and the justification they used was:
"Strata of the part lots external to the buildings extends 8 metres below and 10 metres above the upper surface of the ground floor of the respective adjoining lots except where covered" which is stated at the bottom of the original strata lot plan from landgate.
The full statement is as follows:
"External surface of the walls are the boundary of the part lots comprising the building except for the common walls where the internal face of the wall is the boundary.
Strata of the part lots external to the buildings extends 8 metres below and 10 metres above the upper surface of the ground floor of the respective adjoining lots except where covered"
My interpretation of it, when read in its entirety (that paragraph was cherry picked) is that everything within the buildings are the owners responsibility, everything outside is the stratas responsibility.
Am I being biased in my interpretation, because if thats the case strata insurance should cover it?
Also part 2, I looked at the strata act on 1985 and found the following section:
213.Dividing fences
(1)The ownership of land in a strata titles scheme is to be determined in accordance with this section for the purposes of the Dividing Fences Act 1961.
(2)Subject to subsection (3), the strata company for a strata titles scheme is taken to be the owner of the parcel that is the subject of that scheme.
(3)In a survey‑strata scheme, the owner of land in the scheme that adjoins land outside the scheme is taken to be —
(a)in the case of a lot, the owner of the lot; and
(b)in the case of common property, the strata company.
Again, I read this as the lot is considered owned by the strata company excluding the part lot units that are privately owned. Is this more of my biased or do both parts prove that the boundary fence should be covered by strata?