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  • #8189

    Hi,

    A neighbouring block of flats has a large tree that will soon become an issue.

    I have spoken to an owner about the issue.

    Since them I have had an aborist consult on the tree and  a quote for removal.

    I have written to the company that manages the strata and put letters in all the letter boxes address to the owners.

    In this I included the quote, aborist’s report, council guidelines on trees listed as weeds (as this is) and an offer to pay one the of the cost of removal.

    I have posted and emailed this to the manager also.

    How long do I need to wait for a reply from someone. My past correspondence on other issues has fallen on deaf ears to date.

    Any advice?

    Thanks

Viewing 9 replies - 1 through 9 (of 9 total)
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  • #15683

    As it isn’t your tree, you will be waiting for quite some time.

     

    Just because you believe it’s dangerous (an arborist – in order to protect their ability to professionally insure themselves, also errs on the side of caution) doesn’t mean it has to be removed post haste.

    Same applies even if it is listed as ‘weed’ within your LGA: it doesn’t mean the owners have to remove it post haste, as there are different classifications of weeds, and in some councils an established tree can be both a ‘weed’ and fall under the tree preservation act simply because of its age and size.

     

    Assuming the owners corp actually wants their tree that is on their property removed, they will need to find funds (your offer to pay some of the costs notwithstanding). This can take up to 6 months.

    I assume you are in NSW? If the tree is still standing after the freakish storms and 110+km winds that battered NSW for two days at the start of the month, then the tree is probably fine, which means that the owners corp may also have a harder time getting individual owners to agree to remove the tree. For individual owners, that tree may provide privacy, shade, etc, etc.

     

    My honest advice would be to let it rest and save yourself some angst as they are under no obligation to remove a tree on their property.

    #15686
    Sir Humphrey
    Strataguru

      In what respect will the tree ‘soon become an issue’? 

      Depending on the nature of the problem the local council might be able to assist or at least advise. 

      Might it cause structural damage to the footings of your property or is an inappropriate species within a certain distance of your utility connections (for which there are guidelines). If it would block solar access if it grows further you might be able to do something about having it pruned.

      These seem to me the sort of things that might interest the council. 

      What to do would seem to me to depend a lot on what concerns you about the tree.

      #15692

      Tree issue aside, when can I expect a response to my request, either positive or negative?

      Or is the strata and their manager under no obligation to respond and perhaps even attempt to be neighbourly?

      #15700
      Jimmy-T
      Keymaster

        The strata manger and EC aren’t even under any obligation to reply to their owners, let alone the people next door( although their tenure may not last to long if they ignore the former too much).  Usually a lawyer’s letter gets people’s attention, though.

        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.
        #15704
        Anonymous

          I just saw your reply mentioning a ‘lawyers letter’ getting attention, Jimmy, after I asked Struggler about costs of by-laws in another post.

          Roughly how much would it cost to see a lawyer and get a ‘lawyers letter’ written for an issue like this which would be important to the person with the issue / problem.

          I’m asking because in my strata there are sometimes issues which might be helped by someone (such as me, I’m afraid) getting a ‘lawyers letter’.

          #15708
          Jimmy-T
          Keymaster

            To be honest I have no idea but that’s partly because every lawyer has their own scale of fees. Why not drop an email to Suzie Broome at Makinson & D’Apice (who are about to become sponsors of this website) and ask what she charges. Suzie’s email address is sbroome@makdap.com.au. There are other lawyers listed on the ‘essential links’ page linked at the top of this page so you can compare like for like. Let us know how you get on.

            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.
            #15712

            Under normal circumstances this would be a good idea, but I would be very hesitant to get a lawyers letter drafted for this matter: it could seriously backfire.

             

            In your initial post you state that you have obtained an arborists report. This could not conceivably have been done without the arborist being able to be very close to the tree to inspect it.

            Unless the tree is absolutely on your property line (you don’t actually state this or in fact what issues the tree is causing or may start to cause), the arborist and yourself would technically have had to trespass on your neighbours land to get close enough to actually inspect the tree.

             

            As you have then gone and raised the stakes by sending a lawyers letter, the strata, when they do respond, will need to do so in kind (ie with another lawyers letter)….if you or the arborist trespassed on their land in the first instance, can you see how the exchanges will likely play out?

             

            Strata corporations do not have a community charter and are therefore notoriously slow to deal with. If you really want an answer, ask for the strata managers details from the owner that you have been talking to and then pay a visit to his/her office.

            #15716

            Thanks everyone for your input.

            Just a note that we didn’t trespass to look at the tree, it is large and getting larger still. I have no intention of getting a lawyer involved.

            All this involvement with strata and combative suggestions makes me glad I have yet to live under a strata and hope I never shall.

            There is a lot to be said for maintaining friendly relationships with your neighbours.

            Thanks again, over and out.

            #15717
            Jimmy-T
            Keymaster

              Yes, Quincy, and that applies just as much to free-standing homes as it does to strata blocks. It’s time to stop kidding ourselves that everything is sweet and lovely in quarter-acre block country while strata blocks are seething sinks of discontent.  I know people in free-standing homes who have been threatened, abused and persecuted by selfish and antisocial neighbours who refuse to observe even the basic decencies. 

              And the problem in stand-alone houses is that you literally do stand alone. There’s no building manager, strata manager or Executive Committee to back you up when your neighbours turn nasty. 

              Of all the bashings and even shootings that have happened when neighbourhood disputes got out of hand, I can’t think of one that occurred in an apartment block. So can we stop this myth right here? The problem isn’t where people live, it’s how people live.

              Live in a strata block and you might increase the chances of having an antisocial neighbour simply because you have more of them – but you also have plenty of ways of dealing with them. Live in a house and you’re on your own … in every sense. I hope you are never unlucky enough to have a nasty neighbour move in next door – then you’ll find out here’s another side to this coin.

              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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