A lot owner in my building has exclusive use of an area of the common property. Within that area is a large gum tree. I was wondering if that owner or the owners corporation would be financially responsible for the tree should it require treatment, lopping, removal or caused damage if it fell in a storm. If it did fall in a storm should the OC’s insurance cover the damage or should the lot owner insure for damage?

The by-law has the standard conditions. It states –

1. maintain the Exclusive Use Area and keep the Exclusive Use Area in a state of good and serviceable repair.

2. keep the Exclusive Use Area clean and tidy at all times.

Any advice appreciated. Thanks.