NSW Strata EC asking to close the backyard fence gate

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S P

Active Member
14 October 2015
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31
I purchased the townhouse two and half years ago and haven't made any structural changes to the property so far. Now I decided to do concrete flooring in the backyard and remove all the dirt, my first thought was to ask the EC (Executive Committee).

Upon asking he started like there should not be a door at the fence at all as it's a common property. I argued that I bought the unit like this and I was not the one who installed the door. If there shouldn't be a door, why was it allowed to the previous owner and to that he responded like we didn't notice it then but now we have to take action, etc. He kept arguing that the fence door is not shown in the deed.

Should I ask the strata manager directly about this? I contacted EC because he lives in the same complex. Can they force to remove the gate or permanently block it? I am in a great confusion thinking he might just be bluffing.
 

Rod

Lawyer
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27 May 2014
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What do the owner's rules say on the matter? They may be silent.
 

S P

Active Member
14 October 2015
7
0
31
I have contacted strata manager this morning and he said it's common property but I also have a right on it, so they cannot remove it without my written consent. Just sent all the photographs and rough diagrams to EC and strata manager. Let's see what happens next.
 

Rod

Lawyer
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27 May 2014
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ta for the update.