Flat Chat Strata Forum Common Property Current Page

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  • #10533
    HappyNow
    Flatchatter

      At the rear of my duplex is a fence and along the boundary of the fence, (forming part of the fence) two very large trees.  The roots of the trees have gone into the stormwater drain running along this fence which also services 3 other duplexes.  The Strata Manager has said that the repair of the stormwater drain is my responsibility including the removal of the two trees on the boundary and the repair of the fence.  Please note I did not plant the trees!  They were already there when I purchased.  The cost to me will be $2K dollars.  I put it to them that if the stormwater is my responsibility because the blockage is on my side from the roots (and probably on the other side too but that has not been checked yet) then I should be able to have the plumber redirect the drain on my property direct to the council stormwater drain thereby leaving the problem with the other owners having fixed my side.  Who is responsible for stormwater drains please?  Thanks     I

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    • #25107
      Jimmy-T
      Keymaster

        Anything below the surface is uusually common property.  But if the trees are yours (even though you didn’t plant them) and they caused the damage, then you are liable for repairs.

        As for redirecting storm water, that would be a planning issue as well (and a whole other world of pain).

        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.
        #25122
        HappyNow
        Flatchatter
        Chat-starter

          OK but the trees are not only mine, these are trees on the border of the fence that sit on both side of the fence AND the roots are affecting all 4 of the duplexes so does the neighbour on the other side of the fence have to foot the bill too? It includes taking down a section of fence.  Removing the trees, clearing the stormwater drain (which supplies 4 duplexes), replacing the fence.  I can negative gear my portion of the cost however not sure about the neighbour and if we dont clear it, the grounds will flood.  The work is being carried out today. Photos will be taken and the Strata Manager will call an EGM to decide how this is paid (ie private or sinking fund).  

          #25150
          HappyNow
          Flatchatter
          Chat-starter

            Just an update: an EGM is being held to reimburse me from the sinking fund. 

            The pipes under the fence went out to the road stormwater drain.  I just hope the others see sense that this is not my sole responsibility and the cost to fix should be paid from the sinking fund.

            Time will tell!

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