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Topic
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I am at a loss about this particular issue as I’ve had two conflicting opinions – one from the complex’s insurance broker and the second from the Strata Managers. The issue is this.
In this 10-unit complex, we (along with four other units) have courtyards. In our case it’s sizeable. Within our space, there are two large trees and the thought occurred to me that, should a storm uproot one of them and cause extensive damager or, worse, injury to somebody either in our own complex or next door… am I insured?
Now, according to the insurance brokers I PROBABLY am insured by the Complex’s public liability cover. But Probably doesn’t cut it for me and doesn’t fill me with confidence. At the same time, the broker says that – legally – although the trees are in our backyard, the complex actually OWNS the trees, not me. However, the Strata Manager says that WE own the trees and are responsible for them, their maintenance, upkeep and so on.
How do I ensure that I am covered in case the worst happens? I’m not covered by the Home Contents’ insurance policy and I don’t really want an argument with an insurance company with deep pockets about who is responsible for damage or injury caused by the trees in our backyard – whether owned by me, or not.
Input on this would be appreciated as I can’t imagine this has not arisen before.
Martin Barry
Sydney
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Replies
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Hi Martin
The start to getting a definitive answer will lie within your strata plans and any subsequent bylaws that have been passed. You will need to check these as to what compromises your lot boundaries
If you have only the model bylaws (ie default) then two scenarios are likely:
1) Your courtyard is common property but is for your exclusive use, in which case the tree and its maintenance is the OC responsibility, or;
2) Your courtyard is on your title. This will mean everything up to a certain height above the ground and a certain depth below the ground is your responsibility. Typically this is 3m above ground and (up to) 1m below ground: although the below ground part varies widely. The above/below ground heights will also be stated on the strata plan.
If there have been any subsequent bylaws passed, then of course the above advice doesn’t count.
Now, if those trees are entirely yours (unlikely), then you may need to look at getting a home and contents insurance similar to a free-standing house to protect you in the event that they toppled and destroyed structures or caused injury/death.
If it is a hybrid model (ie you have the first 3m), then you may want to ensure that the OC has insurance and get confirmation of tree maintenance responsibilities for the crown of the tree (which will be common property) as well as confirmation of your responsibilities in terms of allowing access as well as looking after the roots of the tree and the bottom 3m of the tree. If that doesn’t suit, then you may want to go to a strata lawyer, get a draft bylaw written that hands full responsibility of the tree to the OC (or to yourself whichever you prefer) and propose it be voted on at the next AGM