Flat Chat Strata Forum Common Property Current Page

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  • #47081
    suz

      I am in QLD. In early 2019 my neighbour attempted to remove a small tree on common property without discussion. It he small tree has been there since we moved in 4 years ago.eI asked the contractor to stop the work and only trim the tree to within 50cm of the unit owner’s property. On 19 Dec 2019 I returned from 8 weeks overseas to find  box (flying minute) dated 19 Nov 2019With the resolution that “approval be given to the owner of the lot to trim the tree at no cost to Body Corporate. The main tree branches have been drastically trimmed and we have not only lost a beutiful native shrub we have lost our privacy from the main road and our shelter from road polution. I believe the owner acted inappropriately and unethically in that she used her position on the committee to gain personal advantage and used unfair tactics to influence another committee member. Can I ask for compensation to install a privacy screen?

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    • #47124
      Jimmy-T
      Keymaster

        Doesn’t your local council have regulations on tree lopping?

        Otherwise, you could certainly apply for conciliation and adjudication (click on this page for information and links) but it will cost  you $83.80 for each stage and there is, of course, no guarantee of success.

        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
        #47402
        Flame Tree (Qld)
        Flatchatter

          On this issue, the horse has bolted so i wouldn’t bother with adjudication. They are not likely to replace the tree with another so what’s the point now that the damage has been done? – esp done by the book it seems. Sometimes the tree needs to be heavy trimmed or removed due to safety or pest control which thereafter looks different, allows more noise, and dust and other things not necessarily thought through beforehand. I’d think now, it’s best to make your displeasure known in writing and seek similar is not repeated in the same way. They do not need to consult you usually (in Qld) but you might ask them to favor you and advise/consult you should similar be planned again, and do mention any specific trees you think are worth fighting for.

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