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[Concerned]

We live in a strata building (8 units), in Sydney, 3 of which have gardens attached – one of these garden units has a large  eucalyptus tree (H – 25 metres), in the garden area which was an original tree on the site before it was redeveloped as strata units and had to be retained – it is noted in the first AGM held in 2006 that the owner of the garden apartment is responsible for the maintenance of the tree and that they should contact the Strata Manager for details regarding risk etc – the local Council has it on record that the owners of this garden unit own this tree and they are responsible for its maintenance – the crown of the tree extends out over the footpath and the road.

This unit owner is trying to divest himself of the responsibility of the maintenance of this tree and it has been suggested that all Unit owners should be asked to bare the cost of maintaining this tree which is in private property, and with the assistance of the Chairman of our Executive, who has his Proxy, has had it slipped in as an amendment to the Memoranda which has been put before the Unit owners.

At a Meeting recently some of the amendments were discussed but the Meeting was disbanded before this amendment was discussed – We are horrified at this idea as the tree could cause enormous damage to the surrounding private and public area should all or part of the tree be damaged in a storm or struck by lightning.

Is it possible for the responsibility of this privately owned tree to be transferred to all the other Unit holders – we have a very forceful Chairman who has too much influence as a number of Unit holders do not live in their units full time.

We do not know why he would support the idea. Your advice on the matter would be very much appreciated – Regards “Concerned”

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