[chesswood]

Get a cable tracer to locate the conduits. Then work out how to use as much of the existing infrastructure as possible, minimising costs of conversion. And while you’re at it, leave pull wires in the conduits ready for next time.

[chesswood]

The building is brick. In some cases there’s a downpipe or other drain fairly close but in others there’s not. 

[chesswood]

The tree’s gone at last (after 27 months no less). There’s overwhelming precedent that the owner of the land which the tree’s base is on should pay for its removal even if someone else instigated the request to remove it.

 

How can I apply that principle to my case with the tree 50-50 on two properties?

[chesswood]

We gave up on the Land & Environment Court – they don’t seem to have heard of Strata Title land but that’s another story. I persuaded our OC to take Gated Lot’s OC to the NSW NCAT under section 233. I was pleasantly surprised when Gated Lot turned up for hearings. I got Gated Lot to join our OC in applying for Council permission to remove the tree. The only sticky bit is that Gated Lot don’t want to contribute even 50% of the costs.

I reckon that the tree removal costs are borne by the owner of the land. This tree’s 50% each way so 50% of the costs should be met by Gated Lot. I’d like to see them pay more because they stuffed us around for over a year but perhaps I can’t get that. Under what circs can they avoid paying 50%?

[chesswood]

We had a by-law review and passed special resolutions at our recent AGM. I know they need to be registered but I was astonished when our strata manager (a large company) wanted $400 from what appears to be an ad-hoc company to register the by-laws. I would have thought you sent a PDF or a photocopy to the Land Titles people with a cheque for $10.

 

What’s right, please?

[chesswood]

Things have moved on. We commissioned a boundary survey which disclosed that  the boundary cuts right through the middle of the tree. After a struggle with long-forgotten geometry and calculus, the tree’s ownership at ground level is as follows: Gated Lot’s OC 50%. Our OC 20%. Me 30%. Section 4 of the Trees (Neighbourhood Disputes) Act 2006 gives jurisdiction to the Land & Environment Court if the tree is based wholly or substantially on adjoining land. There’s good case law for “adjoining” but the sticky bit is that Gated Lot’s share is only 50% which isn’t quite enough. I’ll need to convince the court that I can aggregate the 50% and the 20% to make the tree substantially on adjoining land, i.e. on two pieces of adjoining land. Helpful staff at the court registry referred me to Brown and Anor. vs. Weaver 2007 LEC 238 but I can’t find it on their website. It apparently discusses the meaning of “substantially”.

[chesswood]

Jimmy, when you say the dividend would require a unanimous resolution, how about we require something in return? e.g. unit 1 gets $3600 for cleaning out the meter room. Unit 6 gets $2740 for putting the wheelie bins out on garbage night. Etc.

Puddn, we thought of that. The manager isn’t the problem. We’ve been told that Fair Trading will only enforce levy debts, not other debts claimed from particular units. How did you get round that?

[chesswood]

Proudsceptic’s reply displays some knowledge of the law but s/he hasn’t indicated how I’m supposed to get the neighbour to do anything. The strata manager (a good-sized company) has apparently been told to ignore anything from us about the tree. We don’t have any of the committee phone numbers. I can write to the secretary of the OC at their street address. Or I can climb over the locked gate and go door-knocking. Any other suggestions?

As for the Trees (neighbourhood disputes) Act, it doesn’t say anything about how to prove whose land the tree is on so presumably I’ll need to hire a surveyor. The thousand or so that would cost would be a good start to the cost of cutting the tree down.

[chesswood]

I had a look at the strata plan and there are NO wall lines inside each unit. So the wall is his even though it’s structural. The 1996 NSW act prohibits (s.116) interfering with support for another lot. So does the 2015 NSW act (s.151) but also requires (s.152) written notice to the O.C.

 

A footnote to s.152 mentions approvals needed to carry out work affecting common property which the floor slab of the unit above certainly is. The footnote presumably is referring to s.111 which seems to require a special resolution (and hence an EGM) in our case.

 

Jimmy T, I like your idea of going to a lawyer at the owner’s expense. The threat of having something on his title which might make his unit difficult to sell is a pretty potent one.

[Author]

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