Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #8873
    kiwipaul
    Flatchatter

      I know I live in QLD but I suspect the solution might be the same in all states.

      One of our neighbours has a large property (freehold) and in one corner he has bamboo growing uncontrollably (20-30m high) which adjoins our Strata complex. This bamboo dwarfs the low-set within metres of the boundary fence and the owner (of the freehold property) is not interested in doing anything about it.

      I know we can trim branches overhanging our property (in this case an exclusive use area) but is this a strata issue or the job of the lot owner. Ideally we would like for the bamboo to be removed, but it only affect one lot (which is tenanted).

      Legally we can trim the bamboo and bill the owner up to $300 but how do we get them to pay, plus this bamboo grows incredibly fast so it would have to be a regular job. Bamboo is already taking over this units private yard and rotting the boundary fence.

      It would be cheaper in the long run for the Strata to pay for the removal of the bamboo but this would mean spending Strata money on another property.

      Opinions

       

    Viewing 3 replies - 1 through 3 (of 3 total)
    • Author
      Replies
    • #18678
      Whale
      Flatchatter

        Maaate …. finally I have the opportunity to follow one of your posts instead of the other way around.

        Down here in Australia, the variety of bamboo that I believe your post refers to is classified as a noxious weed, and as such the Owner of the property where it’s growing is required to continuously control it in way that inhibits its growth, both above and below ground.

        If the property Owner does not do that, then in NSW the Owners Corporation could advise the local Council, who would issue a Weed Control Order on the neighbour.

        Once that’s been acted upon, any remaining roots that extend across the boundary into the Strata Plan’s property could be severed, and as they’re shallow rhizomes in the case of bamboo and therefore likely to be within the stratum of an exclusive use area, removal costs would be the Lot Owner’s responsibility.

        As you know our Plan is self-managed, and my way of invoicing such costs is a “no surprises” approach by first discussing the matter with my Owners, then by (the O/C) arranging and paying for the works, and then adding the costs of those as a separate line item on the Lot Owner/s next Levy Contributions Invoice.

        In that way Owners almost always pay the invoiced total (as they should), and if they do not, then I treat the balance owing as a debt against the Lot which carries forward to subsequent Contributions Invoices together with the permitted interest (10%) until fully paid.

        I know that strictly speaking the costs of such works should be invoiced separately to the Lot Owner/s concerned, either by the Contractor or by the O/C on a miscellaneous invoice, but my approach works and the contractor (who I may wish to use again) gets paid first as opposed to waiting for a disinclined Owner to do so.

        I agree that the procedures should be the same in QLD and other States/Territories, but I wouldn’t bank on it!

        #18679
        kiwipaul
        Flatchatter
        Chat-starter

          Thanks for the info but

          Declaration details
          Bamboo is a not declared plant under the Land Protection (Pest and Stock Route Management) Act 2002; however, plants that are not declared under state legislation may have control requirements imposed by local governments.

          and Brisbane haven’t imposed any removal requirements on it.

          We are stuck with the Neighborhood Disputes Resolution Act 2012, which I believe is similar to CTTT.

          But who takes the action against the neighbor the Strata (and bill the lot owner who would scream blue murder) or the lot owner (who is offsite as it’s investment property).

          #18680
          Sir Humphrey
          Strataguru

            If the bamboo affects only one lot and not the common property, why be concerned about it at all if the lot owner is not bothered? As a courtesy, just being helpful, the EC might inform the non-resident owner that they might want to do something about it. The EC could offer to be supportive of any action the owner wanted to take against the neighbour etc. 

            I think the EC need only get involved if the bamboo looks like affecting the interests of the OC as a whole, such as infesting an area of common property.

             

          Viewing 3 replies - 1 through 3 (of 3 total)
          • You must be logged in to reply to this topic.

          Flat Chat Strata Forum Common Property Current Page