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Hi All
Need to find out responsibility for the trimming or removal .
The tree, a Cypress Pine is in the private courtyard of the Lot below my unit. This is a 2 storey complex of 12 elderly residents.
Problem: the tree is over 25m high and only 2.5m from my balcony. Branches are within touching distance and overhang the common property roof of my Lot. Debris ends up in the gutter causing it to overflow in heavy rain.It also leans and if it falls will land on the adjoining neighbours property.
We have an excess of $2000 on any claim for leaks occurring in the drainage pipes so this is of great concern if the roots cause damage.
Possums regularly traverse the branches onto my balcony (bless them) and I am concerned that they may find their way into the roof cavity. The OC have had a council officer report last year that it needed removing but this OC has and will do nothing.
I believe the Lot owner owns the 4m of air space above the ground. Do I own the air space above this and therefore have the right to have it lopped back?
Our local Council allows you to remove a tree within 3m of the building with the permission of the owner. Already refused by owner.
We have a Strata Manager and I would like to present a strong case to him to have it removed before it falls over. I am anxious as we recently had a large gum tree close to the pine that fell over the driveway and blocked us all in as well as damaging the front fence.
Cheers
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Replies
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In the first instance you need to speak to the Strata Manager to confirm that the courtyard is part of the Lot, and that the tree there is above the stratum of that Lot as you suggest.
If the above are confirmed, then you or your Strata Manager need to contact the Local Council’s Tree Preservation Officer to ascertain how much of the tree may be lopped and/or under what circumstances it may be removed entirely.
It was actually the responsibility of the Lot Owner to keep their tree regularly trimmed so that it’s kept within the stratum of their Lot, so again after confirmation as per the above, as that trimming hasn’t been regularly done and as the tree is now beyond that stratum, and as it’s in close proximity to the building, and as the external structure (i.e. the walls) of that building is Common Property, then subject only to Council’s advice the Owners Corporation can, at its expense, resolve to do whatever it chooses to with the tree; with or without the Lot Owner’s consent.
As for the Strata Manger – he’s employed by the Owners Corporation, that by the way is made-up of all Owners, and therefore his main responsibilities are to provide advice to the Owners Corporation to ensure that it manages the Property in compliance with the Act, and to do whatever it properly instructs.
So you and the other Owners don’t have to “present a case” to the Strata Manager with regard to the tree or indeed anything else, but rather, have him do some homework for you as I’ve suggested, and if everything is confirmed in terms of the ownership of the courtyard, about the height of the tree relative to the stratum, and with Council’s requirements, then you and like-minded Owners need to instruct him to obtain quotations for the tree to be lopped/removed, and to then submit to him an Item for inclusion on the Agenda for the next AGM to the effect that the Owners Corporation resolves (by a simple majority) to have the works undertaken.
In conclusion, I fully understand that Strata Owners (elderly or otherwise) can sometimes be influenced or even intimidated by their Strata Manager, and as hard as it may be in those circumstances, you and like-minded individuals need to make it clear to such personalities, in writing if that’s less confronting, that they’re your contractor; not your master!
In my strata block of 3 storeys (private courtyards below) when trees grow high enough to cause debris in the roof gutters the owners of the trees in the courtyards are told to have them lopped at their own expense. . As an owner of one of such tall trees in my courtyard this happened to me.
This is Vic so I don’t know if it’s different elsewhere but I think it fair enough as there has been flooding before from blocked gutters and I wouldn’t want to contribute to that.
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