Nuisance Tree Responsibility

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