Trimming Trees – Co Title vs Strata Triplex

I note that no reply has been posted to this question asked in Feb 2012 and thought that some of the issues could be revisited and maybe if the original poster has resolved the problem he could let us know what has happened.

I don’t think that it matters whether the parties are Company Title or Strata I don’t think that any group of owners in a building can threaten legal action simply because their view has been compromised. Additionally, lopping of most trees is controlled by local councils and most have Tree Preservation orders in place which means you need permission to chop.

In my opinion lawyers are in the business of making threats to sue and then you need to engage a lawyer to reply and so it goes… you want to avoid going to court if possible and there is no guarantee of costs being awarded in your favour.

@kiwipaul said:
Jacaranda is not a native tree so unless it has some special historical significence Tree Preseveration Order would not be applicable.

Owners can cut down branches of tree overhanging their property but cannot make neighbours cut down branches of tree that are exclusively on the their property.

If the tree has been their for 100+ years it obviously was their when current parties moved in and so they have no complaint as they new the situation when they bought their nice new property.

I suspect also a special resoloution is required for a strata to pursue legal action and this requires a motion passed by 75% of the owners. As their are only 3 all need to agree to this action.

Hi

The tree preservation part is not quite true. Tree preservation orders can apply to any significant tree and it is usually the height and girth of the trunk, not whether it is native, that applies. 

Three 100+ year old jacarandas would likely fall into the category (particularly if you are talking about a dispute over views these trees are obviously somewhere in Sydney harbour ). There is a dubious new category that the land and environment court can determine as a ‘spite hedge’. Hopefully that would not apply.

However, the rest should apply given that the complaining apartments are only 7 years old and 75% resolution is required to pursue action. As the OC of the block containing the jacaranda trees, I would politely decline any further correspondence on the matter….

Paul and mattb are right, the standard (in NSW) is that trees of a certain height and width are subject to Council Preservation and can’t be lopped/trimmed or cut down without Council approval. In my area the size is a spread of 3 metres or more or height of 5 metres. This doesn’t apply to declared weeds.
Blocking views is irrelevant and if the OC had done anything to the trees they could have been reported to the Council for a breach.
I’m surprised a lawyer would send a letter like that.