Courtyard Fern Responsibility

Hi 

My Aunty purchased an apartment a little over a year ago.

From her balcony she looked down at the top of a very large tropical fern.

In the short time she has been living at the apartment the fern is now level with the top of her balcony rail and leans towards her apartment.

The fern has been planted by an owner/EC member of the apartment below in their courtyard garden – part of their lot. It is now two stories high.

I tried to find out the legal responsibility e.g. if it can extend past the boundary of their lot, and was referred to the Land & Property Information site.

I found a document that states that a tree cannot extend past the owners lot and it is their responsibility to trim.

The Strata Manager of my Aunties apartment block disagrees.

Could you please clarify.

Thanks