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There is the owner of the ground floor who uses the garden of the strata common property as exclusive rights ( i do not know who gave them that right).The developer planned palm trees which are growing thick and tall and start blocking the views of our apartment.Can we ask for them to replace the trees (not protected ) with other trees or plans which do not grow so high .
Can we still enjoy the views , which make us buy the unit when we first seen it?
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I don't think you will get anywhere arguing about loss of view due to trees. You can however go for loss of light into your apartments.
I know with council and development applications, neighbours can complain about any loss of light into their homes but not necessarily view.
Our OC lets owners plant in the common garden areas outside their lots as long as these plants are in keeping with the overall appearance of the complex. The OC also reserves the right to remove trees/plants that are deemed not to be in keeping. Only had to have one tree removed so far.
You could also argue any leaves dropping onto your balcony, blocking any drainage points. Any seeds/fruits that may also drop, stain or be a danger to children. And depending on how high and what type of trees are planted, you could point out that the root systems of these trees may cause problems with plumbing or if too close to the structure, foundations.
Perhaps you could ask the OC to arrange more appropriate plantings that avoid all of the above.
unit owner said:
There is the owner of the ground floor who uses the garden of the strata common property as exclusive rights ( i do not know who gave them that right).The developer planned palm trees which are growing thick and tall and start blocking the views of our apartment.Can we ask for them to replace the trees (not protected ) with other trees or plans which do not grow so high .
Can we still enjoy the views , which make us buy the unit when we first seen it?
Not sure if you are talking about plum or palm trees,* but some varieties of palm trees are dangerous because whole fronds/branches will drop off when they die.
It is an OH&S issue because once the trees have grown too tall to trim, the dead fronds/branches drop off. If hit, would the resident with exclusive use sue the Owners Corporation?
I was also told that cockroaches breed in some palm trees but have no proof of that.
*My fault – the original post was misspelt “pulm” in the heading. I assumed plum when I fixed it. Not too bright that day. -JT