Oct 18, 2017 1:46 am
hi, if any of the forum experts can please advise...
I am the owner of a townhouse in a townhouse complex managed by a body corp. I am in Brisbane, QLD.
I am aware that as an owner of a townhouse in a townhouse complex, I am not liable for boundary fence repairs, that body corp of collective land owners is responsible along with the neighbour on the other side of the fence (that are not part of our townhouse complex).
However, the fence post that is damaged is in the corner of my backyard (leaning outward by about 10cm from straight up and down) appears to have wood rot at ground level.
Am I liable for wood rot causing fence damage (lean outward)?
also considering that our backyard does slope gently (about 10cm) toward this damaged fence post (the slope possibly creating water pooling at the fence post)?
What can I say in my defence if the body corp wants me to pay? Is there some Law or Statue in my defence that I can quote?
I would have thought the builder, developer or the strata scheme owners would be liable for not taking care of this when first building the townhouse complex. I don’t know how long the fence post has been damaged for, I only noticed it was leaning about a week ago. I have only been living there for 12 months.
Here are 2 photos of the fence and backyard showing the fence leaning and the backyard slope.
Thank you in advance for any answers
Re: Boundary fence repairs - townhouse complex - am I liabl2
Oct 19, 2017 11:22 am
We went through something similar but with a retaining wall. It’s the body corps responsibility to repair/maintain or replace things on common property. As a townhouse you only own the land that your unit sits on, not the backyard, side access or driveways.
My advice to you is just ask body Corp to fix it. Our body Corp demanded that our neighboring complex goes halves in the repair and they wanted the whole wall replaced instead of the 2m section that was damaged. Total bill was $37k split between 2 small complex’s. Qcat ruled in their favour, so just a warning. Good luck.
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