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perimeter fencing
Our Sectional Title consists of18 units. 4 ofthe units have exclusive use back yards facing a river. These fences have not been maintained and have become a security risk as well as an eyesore.The other 14 units have had their perimeter fencing secured, but because the former units are a barrierto intrusionfor the other 14 units, the body corporate will not vote funds for our fencing.One of our units has erected a fence at his own expense and now the trustees say, that because they have set a precedent, the other 3 are liable for costs of proper fencing.What are our rights and possible course of action?
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RE: perimeter fencing
So, the fences were initially part of the development, and as such forms part of the common property.
The trustees may impose a reasonable levy on EU areas. This will cater for periodic maintenance and even, replacement, depending on the nature of the fencing.
The fact that such extra levy has not been imposed, is not the fault of those 4 owners, but they might find themselves compelled to agree to pay a reasonable (ebven backdated-calculated) levy under the circumstances.
In what way does the nature of the fencing in the back-yard differ from the other surrounds? If it does not differ a case may be made that the EU area does not create any exclusive maintenance liability and should share in the maintenance enjoyed by the BC as a whole.
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