Neighbour Wants to Cut Trees, has Our Executive Committee Done The Right Thing?

Ljayzee on 31/07/2015 - 16:33

Hello all,

I am living in a unit complex in NSW, there is a land at the back of the complex which considered as common property, and there are several large gum trees, each is around 20 meters tall, planted on the land.

One or two gum trees are close to neighbouring property, recently one large branch, about 10 meters long fell down and caused damage to neighbour’s fence, which was not part of common fence between ours and neighbour’s. Neighbour has repaired the fence and footed the bill, which is about $800, and neighbour now requests the reimbursement of the repair cost to our strata. They claimed they had informed us the danger of the tree going to fall down three months before the event, but we didn’t do anything, so we should be responsible for the repair cost. Furthermore, they want to get arborist to check the healthiness of those gum trees on the backyard of our complex. The intention would be to request removal of the trees if deem unhealthy and unsafe. There is one tree particular looks quite unhealthy, the foliage discoloration is quite obvious to others even for an untrained eyes.

If the trees proved to be unhealthy and deem danger to neighbouring property and human life, obviously the strata would bear the considerable large cost to remove those trees. So the executive committee members have taken a seeing no evil, hearing no evil attitude, decided to deny the access to the trees for inspection, and also rejected the reimbursement claim for the damaged fence.

I am NOT on Executive Committee, however I had my reservation to EC’s decision. I would like to know that if the Executive Committee has done a right thing, would it backfire in the event of the tree falls down and causing damage to neighbour’s property, injury people, and/or loss of life.

In such an event, can we still claim it’s an act of god? Will our insurer still cover us?
If not, will ALL owners of the complex be held responsible or only the executive committee members?

Considered neighbour had already voiced the concerns to strata before the event and we didn’t do anything, are we negligence duty of care?

Thanks for your opinions and advices.

Home & Garden

Comments

  • No on 31/07/2015 - 17:40
    +7

    Sounds like your neighbour is being pretty reasonable.

    I think its reasonable for him to expect you to pay for the damages, I don't know if he can ask for the trees to be cut down but it sounds like its in your interest to have them removed or at least trimmed.

    Does the strata have insurance?

  • [Deactivated] on 31/07/2015 - 18:30
    +4

    It is illegal for a strata complex not to have public liability insurance, they will have it sounds like your BC is like mine run by a bunch of bean counters or other side of the coin is they do not have much cash in the sinking fund. So yes to answer your last questions if something happens that is not covered by insurance then you can expect that cost to either come from the sinking fund or be spread over all the unit owners in a special levy. Way I see it is that if the tree is not inspected and it falls over the BC can claim on insurance, but if they have it inspected and the arborist suggests removal of the offending tree then it falls over and causes damage your unit BC will be responsible…. gotta love BC committees I left mine in disgust over the pettiness and bickering. Take up your concerns with the Strata management company.

    • jayzee on 01/08/2015 - 03:23

      Thanks for the advice. I will let Strata Management know my concerns.

  • Settero on 31/07/2015 - 18:32
    +1

    it all depends how expensive the trees would be to remove.
    paying out damages can sometimes be alot cheaper.
    if they do have the trees inspected and dont act on it , its ALOT worse than denying the inspection and then having to pay out the damage they caused.

    • whooah1979 on 31/07/2015 - 19:45

      $2500 is the going rate to remove and grind a gum tree. Ask them to remove all three at a discounted rate.

      • [Deactivated] on 31/07/2015 - 19:47

        Depends on the gumtree. $2500 will get you a very small, very easy access tree removed. The harder the treee is to remove the bigger the fee. In my job I frequently authorise tree removals of significantly more than $2500.

        • whooah1979 on 31/07/2015 - 20:12

          What would you define as very small? $2000-$2500 is the common rate for taller than power poll gums around here. $800 for palm trees.

      • Settero on 31/07/2015 - 20:13

        lets say that it was 7500$.
        they would have to pay that out , now.
        they could pay out the current damage 10 times with that and it would not be one big hit.
        like i said they have to weigh what the possible damage is vs the cost now.

  • isthisreally_me on 31/07/2015 - 18:45
    +3

    Insurance may deny claim if neighbour can prove sent letter asking for arborist to inpsect the tree/s and the bodycorp declined. Bodycorp is going on a slippery slope with this one.

  • PVA on 31/07/2015 - 19:26
    +3

    The strata manager/body corp have a letter so they cannot just ignore it.
    If something happens it will end up that all owners will pay out.

    put everything in writing and send it to the strata/body corp manager.
    also put it in for a motion to be voted on in the annual meeting, they have to add it and all owners will see it and vote on it not just the BC.

  • [Deactivated] on 31/07/2015 - 19:50
    +2

    I would get the tree inspected and act appropriately.

    I would not pay the neightbours $800 expenses.
    If he wanted you to pay it, then you should have been allowed to get your own quotes, and contractors.

    As PVA says - get it voted on at the next meeting.
    Make sure that you request the minutes to show that you are in favour of getting the tree assessed.

    I am no lawyer but might be worth finding out if anything happens, whether the injured party can possibly sue the owners corp PLUS each owner on the committee individually. This might change a few minds.

  • altomic on 31/07/2015 - 20:25

    check Gumtree for cheap gumtree removal

  • try2bhelpful on 01/08/2015 - 00:19
    +2

    If the tree has already dropped a branch and the next one seriously injures or kills someone then I think the strata title unit people could be up for a lot of money for negligence. I think if you ignore this issue the neighbour will just go to the council and get them to sort this out; that is certainly what I would be doing. I think the trees should be checked out now and removed if the arborist says so; I think it is too dangerous not to do so. I think the body corporate is morally responsible for replacing the fence, as it was your tree.

  • Geewhizz on 01/08/2015 - 06:41
    +2

    The tree sounds like a ticking time bomb. If it looks unwell, there's a fair chance it probably is, wouldn't you say? Next time it sheds a limb it may not be simply on a fence. Do any of your executive committee members have children? They could be next. When a gumtree decides to drop a branch you don't often get much notice, usually not enough time to get of the way.

    • jayzee on 02/08/2015 - 02:01

      I think the EC wants to use Act of God to defend themselves, that's why I have concerns as neighbour had sent a letter to strata management to voice the concerns about the trees.

      As the trees are located at the back of the complex, normally no "our people" would go there, that might be the reason EC takes an seeing no evil hearing no evil attitude.

  • DarkOz on 01/08/2015 - 07:45
    +3

    Your neighbours are being very reasonable.

    The $800 fence claim is within reasons. Your strata can claim insurance on it but it depends on the access fee. It was lucky that the branch did not fall on someone.

    I don't see why the EC would want to deny access to have the trees inspected unless they want the strata to pay for their own inspection. What the EC could do is to find their own inspection company and have the neighbours to agree to pay for it or split the cost. Win-win.

    It's about about safety. If the tree does fall on someone it could be a criminal offence after the EC had ignored the warnings and have not taken the necessary steps to prevent it. What your neighbours could do next is to complain to the local council and force your strata to act.

    • jayzee on 02/08/2015 - 02:08

      From what I heard from the EC meeting, the chairman was contacted by neighbour, he agreed to shared half the cost for repairing the fence. I think then he found out that the fence was not between ours and neighbour's, so he did a backflip.
      Quite disgusted.

  • adamvlad on 01/08/2015 - 08:53
    +2

    Firstly, arborists respect the Tree Preservation Act, and have studied law relating to Tree removal, etc.
    Secondly, the Tree Preservation person from your local council can inspect and advise for no cost.
    The Executive have to abide by the law.
    The insurance company can give you information regarding what is claimable with a single phone call.
    Lastly, the majority of Executives and Strata Agents, are toxic people to deal with. They seem to only have an interest in their own concerns. The worst Executives are ones who never want to spend money.

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