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Hi all,
I own a ground floor garden apartment. A 22 year old camellia hedge grows on the border of, and within my lot – it is not growing within the common area. The OC instructed our strata scheme’s gardener to reduce the height of the hedge and trim it away from the walls in preparation for possible future painting and the erection of scaffolding. These works have not as yet been detailed in any formal motion.
The trimming was done without notification and in the mistaken belief that the plants were growing on common property (as admitted by an OC member). They were reduced in height from approximately 4-5 metres to about 1.7m, impacting the appearance of my lot and ruining the privacy afforded by the dense hedge. It won’t regain that height for another 10 years at least and I am preparing to sell the unit.
I can’t find any info regarding a similar type of issue. I want to claim compensation for damage to private property -ie the cost of replacement plants of a suitable height ($800 for a 2.5m plant is the tallest I can locate and I would need 4 plants).
I’m not sure of the best procedure to adopt or where to direct my request. Any help would be appreciated.
Thanks
- This topic was modified 1 year, 3 months ago by .
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This is not a strata issue
What you are seeking is damages for the trimming of the shrubs, which is a civil matter.
You mention thst replacement trees are $3200. You have to consider thst to clsim these damages you would need to go to court , unless of course the aOC admitted guilt and paid you out. If you go to a court you would probably need a lawyer. The lawyer would cost more than what you are asking for and it’s likely you would win, but the court would probably not award you costs because the legal costs exceeded the cost of the claim.
You could try to represent yourself, but your chances of success are somewhat less and you may be burdened with the OCs legal costs.
Its not fair.
Try to negotiate a resolution with the OC outside of the court.
What you are seeking is damages for the trimming of the shrubs, which is a civil matter.
That is true but the rest is debatable. The process could be easier and more satisfactory by firstly presenting a bill for the replacement bushes then, if the owners corp doesn’t pay, taking them to the Small Claims Division of your District Court, where you are not expected to be represented by a lawyer.
Have a look at this Fact Sheet. It seems you don’t need to engage lawyers at all if the bill is under $10,000.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
We suffered a comparable trespass once – the strata plan next door put up a high dividing fence depriving us of pleasant views into their garden. Unfortunately, they built the fence 150mm our side the boundary and wholly on our land! I sold my lot soon after that so I don’t know whether the fence got moved.
I’d suggest, if you haven’t already, and you have a nice body corp committee (stop laughing, apparently they exist) that you first present the situation to them as theirs to fix, and demonstrate how affected you are by their woeful, horrible, PTSD afflicting decision that they have so very unfortunately made (google Larry David, for lessons). And to avoid further offense for their gargantuan mistake we will be needing to come to some arrangement – as in, new bigger trees to replace the-, the-, the- thing that remains. I would seek their commitment to fixing their oh-so-so horrible error, before you sully the collaborative agreement with anything so perfunctory as price. First try that, it sure will be easier on you all than going the other route. Or if it fails horribly might you even just stump up the cost yourself and wear it from hopefully your sale profit and be done with it (but beforehand, ask the agent if it will likely impact your sale as your own impression of the carnage may not be shared by new owners unaccustomed to its current state).
Or if it fails horribly might you even just stump up the cost yourself and wear it
Or pay for it yourself and send them the bill (threat of court action to follow).
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
I certainly am not interested in making it a civil matter. If it’s determined to be a strata issue I may possibly consider mediation at Fair Trading.
Yeah, but as others have said, it’s probably not an issue under strata law even if it is an issue with your strata scheme. I would send them a bill for replacement hedges and then see what happens.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
For your viewing pleasure, and to see what adjudicators and judges have previously said on such issues, you might like to peruse the austli records database. It’s a great way to see the outcomes prescribed for all sort of things that have proceeded to court. You can search your State, and key words. Hope this helps arm you before hopefully preventing war. See… AustLII – Queensland Resources
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