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Topic
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Sydney. We have a couple of very large Jacaranda trees in the front of our property. One of them overhangs our front tiled path. For the 6 weeks that the tree is in flower, the path is littered with flowers to the extent that if they are left they become a slip hazard. The tree also drops leaves for a month or so before it flowers. An owner sweeps the path every couple of days during these months. They would like to be relieved of this duty, but realises that this would mean leaving a slip hazard. The SC has recently rejected lopping the tree.
What is the OC’s responsibility in this instance?
If there were to be a slip and somebody broke a hip, say, what liability rests with the SC or OC?
Since there are so many Jacarandas around, this issue must have been raised in the past.
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If the risk has been identified it’s up to the OC to manage the risk. (This is risk management 101). That the OC has public liability insurance is one way that this risk is managed.
On a more practical point, why not have the lawn mowing contractor or gardener to sweep the path. Our block has a cleaner and one of their tasks is to sweep the outside common areas. It includes leaves.
If you don’t have any of these trades, hire someone on a short term basis.
I’m familiar with these trees – IMHO they should NEVER be allowed to grow where the blossoms can rain on a walkway. Blowing or sweeping by hand would have to be done twice a day for weeks to keep the hazard in check.
I suggest that the insurer be contacted for their take on the situation. They might threaten a premium increase.
That would motivate the Strata Committee.
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