Flat Chat Strata Forum Strata Committees Current Page

  • Creator
    Topic
  • #8365
    simone42
    Flatchatter

      Hi,

      This may be part of two stories – any advice what recourse I have would be great. The EC made a decision to trim trees on border of property due to leaf waste landing on neighbours roof and them complaining of damage. As part of this they wished to share the cost of  new fencce as the old was beinig held up by ivy, which was also agreed to. Next, an email came asking for an extra $500 on top of quote for trimming of trees and removal of ivy as needed a crane to access. This was agreed to, however, inside the body of the email was the word ” removal of a pepper tree ” which most of us missed when agreeing as quote said, and we had agreed to, trimming……now we have a feature of the properties facing this fenceline completely destroyed as 3 fully grown tress were cut down and mulched. No apology or explanation from Strata Manager or treasurer who tried to defend action. 1st question can this be done? 2nd question what can we do about this ? and as we have lost faith in the strata agents ability to carry out our agreed actions is that grounds to find a new manager ?

      2nd story : DA arrived this week to develop property at same fenceline ( the old house has no guttering and no work on it for years waiting for development but recently very concerned re: tree waste on roof and crumbly old fence ), it appears the same real estate agency is involved with the DA. The tree report states ” 3 trees recently removed” so will not obviously be a part of protecting or restoring if the DA is successful. Should I smell a rat ? any suggestions how we can protect the owner’s interests in this situation …help ! Thanks  Surprised

    Viewing 3 replies - 1 through 3 (of 3 total)
    • Author
      Replies
    • #16413
      Whale
      Flatchatter

        Given the DA I smell a rat too – but your E/C did agree to the removal of the tree/s albeit unintentionally, so you can hardly blame your Strata Manager. 

        What can you do? Not much after the event, but in most circumstances the Local Council should have been approached for its consent to the removal of the mature trees under its Tree Preservation Order.

        You could contact the Council to ascertain if a consent was granted, but be cautious as if none was granted the Council could look to prosecute, and the easiest “mark” is probably the Owners Corporation as property owner.

        Sorry I can’t be more supportive of your situation, but I do understand your concerns and would feel the same way in the circumstances. 

        #16415
        simone42
        Flatchatter
        Chat-starter

          Thanks – I will see what we actually paid for as we agreed on a trimming quote – and he has done a whole lot more than that ! Any ideas why you would want your fence fixed and fence line denatured when you are trying to get it developed .?

          #16424
          Whale
          Flatchatter

            It depends on the “lay of the land” to be developed, but it’s common for clearing of the boundaries, tree removal and preservation, and new fencing to be Conditions attached to Development Consents; entirely at the expense of the Developer. So maybe your Developer was just getting in early, and additionally sharing the costs of the above with the neighbours.

            You said that the O/C and individual Lot Owners have been notified of the DA, so why not put in a Submission requesting some suitable mature trees on Developer’s side of the fence as replacements?

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

          Flat Chat Strata Forum Strata Committees Current Page