Q: I live in a 24-unit single storey complex surrounded by common land. I want to have permission to build a fence in my rear garden area, which is common land.
Is there a set procedure in getting approval? Could you explain how to do this in non-legalistic language?
A: Common Land or Common Property, as referred to in the Plan of Subdivision, is common. This means that all owners/occupiers should have the right to utilise all areas without excluding any other owner.
If you would like to investigate building a fence and preventing access, you will need to seek legal advice about a lease/license over the specific part of Common Property or potentially purchasing it from the Owners Corporation and altering the Plan of Subdivision. This will likely require at least 75% of all owners to agree to the lease/licence or 100% if you are altering the Plan of Subdivision.
We hope you find this information helpful.
