The fence around my townhouse courtyard which adjoins the common property of the Strata is damaged badly whilst tree lopping that was carried out under the instruction of the body corporate was taking place, who is liable for the repairs and upkeep of the fence? – Kirsty, NSW

Q: The fence around my townhouse courtyard which adjoins the common property of the Strata is damaged badly whilst tree lopping that was carried out under the instruction of the body corporate was taking place, who is liable for the repairs and upkeep of the fence? Kind regards, Kirsty

A: If the tree lopping was undertaken by contractors, their insurance should cover the repairs which the owners corporation will have to claim.

When it comes to maintenance, the Dividing Fences Act will apply and both parties will need to agree.