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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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