🧱 When a “Simple” Fence Isn’t So Simple: Lessons from a WA Strata Dispute
- leigh_oliver
- Apr 30
- 2 min read
A recent WA Tribunal decision shows just how quickly a seemingly minor issue in a strata scheme can escalate into a complex (and stressful) legal dispute.
In Hoddinott v Zar [2026] WASAT 25, what started as a disagreement over a dividing wall between two lots turned into a multi-issue battle involving common property, levies, insurance, and long-standing informal arrangements.
So, what can we learn from it? 👇
🔍 1. Common Property Means Shared Responsibility
Even though the wall sat between two lots, it was ultimately confirmed to be common property.
👉 This is a key reminder:Just because something feels like it belongs to “your side” doesn’t mean it legally does.
In strata, boundaries and ownership come down to the strata plan — not assumptions.
⚠️ 2. Informal Arrangements Can Backfire
For years, the rear courtyards were treated as if each owner had exclusive use.
The problem?There was no registered exclusive use by-law.
đź’ˇ The Tribunal had to step in and effectively formalise what had been an informal, undocumented arrangement.
👉 Takeaway:If it’s not documented properly, it may not exist in the eyes of the law.
đź’¸ 3. Levy Decisions Must Be Fair
A motion was passed to split the cost of repairing/replacing the wall equally between all owners.
Sounds reasonable… right?
Not necessarily.
The motion was challenged as being unfair, oppressive, or discriminatory, highlighting that cost allocation in strata must always be carefully considered.
👉 Just because a majority agrees doesn’t automatically make it fair.
🛡️ 4. Insurance Isn’t Optional
One of the more serious issues? The scheme had no insurance in place due to ongoing disputes.
🚨 This is a major compliance risk under the Strata Titles Act.
👉 Disputes should never be allowed to derail essential obligations like insurance.
⚖️ 5. Evidence Matters More Than Opinions
There were strong claims about who caused the damage to the wall.
But in the end? There wasn’t enough evidence to definitively blame one party.
👉 In strata disputes, what you can prove always outweighs what you believe.
đź’ˇ The Bigger Picture
This case is a powerful reminder that small schemes are not immune to big problems.
In fact, they can be more vulnerable because they often rely on:
informal agreements
historical “understandings”
lack of clear documentation
âś… Key Takeaways for Strata Schemes
✔️ Formalise exclusive use arrangements with registered by-laws✔️ Don’t rely on handshake agreements✔️ Ensure levy decisions are reasonable and defensible✔️ Never let disputes impact insurance or compliance✔️ Keep clear records and approvals for all works
🤔 Final Thought
Ask yourself:
👉 Are the arrangements in your scheme actually documented?👉 Would they hold up if tested in the Tribunal?
Because as this case shows…What seems “simple” in strata rarely is.
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