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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42348
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Orate matter, QldLast year I requested permission to remove

Customer Question

orate matter
JA: What state are you in? It matters because laws vary by location.
Customer: QldLast year I requested permission to remove my bourndary fence in my courtyard because it was rotten.
JA: Has anything been filed or reported?
Customer: I was given permission at the AGM to remove it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Now Unit 1 is asking for Body Corporate to replace his fence as it is rotten. I have said I am happy for his to be done as well as mine. I have now been told I will have to pay for my own one as I had mine removed last year so it is at my expense. Is this correct. There was no mention at the time that this would be expected of me
Submitted: 8 days ago.
Category: Australia Law
Expert:  Leon replied 8 days ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

As the court yards are yours the cost of replacing the fences is yours and the adjoining courtyard.

They are correct about that.

You and the neighbour have to pay 50% each as the fence required replacement.

You needed their permission to replace and makes sure you complied with their rules but you and the adjoining neighbour that the fence divides are both liable. You should have obtained a quote and sent them a notice.

Customer: replied 8 days ago.
This is a boundary fence with no neighour. It is an open park running past our lot.
Customer: replied 8 days ago.
All the units including Unit 1 and My Unit 3 face the Open park
Expert:  Leon replied 8 days ago.

Good Afternoon

Is the park owner the council?

Customer: replied 8 days ago.
I think it belongs to a power company as the power lines run through it. My question has nothing to do with them however, It is the Body Corporate who are telling me I have to put my boundary fence back however another Unit in the complex is being told Body corporate will pay for theirs to be replaced as it is rotten. Which is the same condition mine was in last year and I just asked for it to be removed. Now they are telling me I must pay for it to be put back and Body Corporate wont pay.This has come about because I mentioned I was thinking of selling
Expert:  Leon replied 8 days ago.

Good Afternoon

If it is a power company you can claim from then 50%

They have to treat you both the same.

You have to look at who owns the boundary fence. If it is the Body Corporate then you do not have to pay. You have to look at the by laws and SP.

The Strata manager should be able to give you copies.

Here is some information about fencing.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 8 days ago.
Thank you much appreciated
Expert:  Leon replied 8 days ago.

All the best and good luck

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