Body Corporate Fencing issue

[oh_noes]

One of my IP's has the following fencing issue that needs to be resolved. I was hoping for feedback from others in case they have been in a similar situation.

• 10 meters of external, adjacent to neighbour perimeter fencing needs repair.
• This section of fence is contained 100% within the grounds of the particular unit.
• That unit is owner/occupier.

The standard process has been followed (Request, Quote, EGM for votes) but originally took way too long. By the time it arrived to me in an EGM it was 6 months which I believe is unacceptable for a fence that is an obvious health and safety concern. I'm friendly with the unit in question and would like it fixed ASAP for a reasonable and acceptable price.

The first I found out about the issue was the EGM. However, at the time, without being prior informed of the issue, or seeing it first hand I reject it because it was excessively expensive. Both quotes were $1600 and $200 respectively for 10 meters of fencing that is damaged. My brother in law is a registered builder and informed me the work is closer to $500 and probably under $200 mates rates. He's too busy to take on the work himself.


Executive Summary:

• Essentially Body Corp screwed the unit in question by somehow taking 6 months to quote/EGM the issue.
• I then rejected it because it was excessively expensive ($2000 for 10m of fence)
• Body Corp "don't care" because it's not there money. They probably have there family/friends/there own subsidiary taking on the work for inflated prices.

Where do I draw the line? I need to protect my investment from being overcharged by a body corp who don't really care. But still have the commitment from a Body Corp point of view to fix the fence. AND THEN the final major point is -- who is responsible to get the money from the adjacent property?

Thanks!

 

[Louwai]

Similar issue at one of our IP's. I have been advised that;
Adjoining fence between 2 individual unit back yards that does not come in contact with Common property, is not the responsibility of the BC. The 2 unit owners pay half each.

If the fence is seperating a unit from common property, then the fence is the BC responsibility.


B

 

[oh_noes]

How do I determine this?

The piece of fence in question in not common property, but part of that units own court yard. It is adjacent to the neighbors property.

My BC seems to think it's a BC issue. But to be honest, she's not exactly switched on.

 

[rupert]

How do I determine this?

The piece of fence in question in not common property, but part of that units own court yard. It is adjacent to the neighbors property.

My BC seems to think it's a BC issue. But to be honest, she's not exactly switched on.

Hi,

If by "neighbors property" you mean an adjacent plot of land not part of the strata and it is this boundary fence that needs repair then - if in NSW - it is the joint responsibility of the owners corporation and the neighbour. Unless of course it is damaged not from fair wear and tear but from negligence then that is a separate issue.

Otherwise, the OC should be in discussion with the neighbour and ideally the parties should obtain three quotes and the cheapest option taken and shared between the two. Otherwise, if the OC decides to go for the higher cost option, then the excess is payable solely by the OC.

-Rupert.

 

[ozsupra]

in NSW - it is the joint responsibility of the owners corporation and the neighbour.

Same as QLD.

 

[oh_noes]

Same as QLD.

Hi All,

By owners Corporation I assume you mean the Body Corporate itself? As in, owners don't need to chase up that money from the adjacent property?

Thanks

 

[rupert]

Body Corporate = Owners Corporation = "Strata"

 

[Olly]

The first I found out about the issue was the EGM. However, at the time, without being prior informed of the issue, or seeing it first hand I reject it because it was excessively expensive. Both quotes were $1600 and $200 respectively for 10 meters of fencing that is damaged. My brother in law is a registered builder and informed me the work is closer to $500 and probably under $200 mates rates. He's too busy to take on the work himself.

Your BIL is right about it costing closer to $500. However, 10metres would not be considered a days work for a fencer. In rough terms (in fencing) whatever the cost of materials - double it (for the labour cost) to get to the final price. So you're wanting a fencer to measure up, order material, pick up material and do the job for $250. Sounds good for some, but to most tradies they wouldn't be bothered with a small job like that so they inflate the price 'cos they don't want to win the quote and if they DO win it - they get paid very well.

Where do I draw the line? I need to protect my investment from being overcharged by a body corp who don't really care. But still have the commitment from a Body Corp point of view to fix the fence. AND THEN the final major point is -- who is responsible to get the money from the adjacent property?

Whoever is the other joint owner of the fence - in this case it sounds like the BC.

You might like to read the NSW diving Fences Act here -
http://www.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137/

Olly

 

[jaycee]

If they agreed to do it, then offer to use a different supplier - then use your brother in law or one of his mates to do it.

 

[oh_noes]

Your BIL is right about it costing closer to $500. However, 10metres would not be considered a days work for a fencer. In rough terms (in fencing) whatever the cost of materials - double it (for the labour cost) to get to the final price. So you're wanting a fencer to measure up, order material, pick up material and do the job for $250. Sounds good for some, but to most tradies they wouldn't be bothered with a small job like that so they inflate the price 'cos they don't want to win the quote and if they DO win it - they get paid very well.


Whoever is the other joint owner of the fence - in this case it sounds like the BC.

You might like to read the NSW diving Fences Act here -
http://www.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137/

Olly

Thanks Olly.

I think your thoughts about price is spot on. I appreciate the job might noe be $250, but $1600 for 10m of fencing as far as I'm concerned is unacceptable. This is where my curiosity lies. How obliged am I to accept *any* quote if the price is excessive? I asked our Body Corp Manager this question and she said "well that's your decision, it's not up to us to say".

 

[oh_noes]

If they agreed to do it, then offer to use a different supplier - then use your brother in law or one of his mates to do it.

That was the plan, but at the moment my brother in law can't do it because he's over booked.

 

[jaycee]

That was the plan, but at the moment my brother in law can't do it because he's over booked.

So use another contractor other than ththe current one & your brother in law (?)... if the current price is expensive, then most people's prices will com e in under this.....

 

[ChristineFreels]

your Owners Corporation should get a couple of quotes, find out who the nextdoor property owner is (dont assume its the resident- get correct info from local Council, they will give the name & postal address of nextdoor owner for fencing issues) then send Fencing Notice plus copy of selected quote asking them to pay 1/2 cost of replacing the fence

if they dont agree then its time for mediation / apply for fencing order

but you cant just replace the fence & try to make them pay afterwards

 

[oh_noes]

I asked the BC whether it's possible to put a motion in the EGM to be "allow $2000 for fencing of unit 4" but they said it's not possible. They confirmed it needs to be a motion for the exact quote from the company.

Is this correct?


Which obviously makes it much hardware for my brother in law to do the work cheap (he obviously wont quote mates rates).

your Owners Corporation should get a couple of quotes, find out who the nextdoor property owner is (dont assume its the resident- get correct info from local Council, they will give the name & postal address of nextdoor owner for fencing issues) then send Fencing Notice plus copy of selected quote asking them to pay 1/2 cost of replacing the fence

if they dont agree then its time for mediation / apply for fencing order

but you cant just replace the fence & try to make them pay afterwards

Thank you, I will definitely ensure this is done.