[Concerned]

Thankyou for your imput – I mentioned in my original letter that the large tree was on the original site before development and had to be retained and that according to Council records and the first Meeting held,  the tree was in the private garden attached to a unit and that the owner has probably purchased the tree and the responsibility for maintaining it  – this would be detailed in a sale contract but I have no acess to that – the tree did not grow into common property thus having to be approved but was already a 25+ metre high tree – I would imagine there could be lots of problems raised if the rest of the unit holders took on responsibility – eg insurance of a tree owned by an individual. Any further imput appreciated – Concerned

[Concerned]

Thank you for your reply.

The resolution has not been passed. The tree problem was not discussed however there is the assumption that this issue will be “rubber stamped” at the next AGM.

The Chairman is unavailable at present; however, I will be asking him to put forward his reasoning for this amendment.

What I would like to know is:-
1. Is it possible for the responsibility of a tree, which is in a private garden, to be transferred to the rest of the Unit owners?

A council representative suggested that the owner of the tree would have to transfer the title of the land, with the tree on it, to the body corporate in order for all Unit holders to take on the responsibility.

2. A question regarding the insurance policy for the tree. How would the other Unit owners insure against possible damage caused by this tree if we didn’t own it? The tree, if blown over or struck by lightening, (not an impossible scenario) would cause damage to property, cars in the street and passers-by.

Regards “Concerned”

[Author]

Replies