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Our strata’s next-door-neighbour is a freestanding house with mature, tall trees overhanging our strata’s common property garden area. Theses trees have been, over many years, lopped almost yearly by us at our expense which is grand.
For some, as yet, unexplained reason this has not been done for over two years and the trees have grown a lot and need work.
There are tons of reasons to justify their lopping, but is the non-lopping ‘not maintaining the common property’ under Section 62? Is the air above the common property, common property which needs to be maintained?
Might I be able to seek an Interim Order or Adjudicator’s Order on that basis?
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Unless I am reading the regs wrong, common property extends to 5 metres above ground level where there is no roof. Anything withng that airspace would have to be maintained.
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.
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