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Topic
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I own in a villa and have concerns about the very tall gum trees running along our side boundary fence line.
I fear for my family's safety from the trees and branches possibly falling onto the villa, causing damage to the property and common property, and possible inquiry.
The Secretary on the executive committee who owns the villa opposite me has had a number of large branches collapse on her roof and on the colourbond boundary fence some 4-5 years ago. The damage on that occasion was quickly repaired by the neighbour.
At that time the neighbour did trim the tall gum trees, however has not done anything since. The trees are out of reach from our boundary fence, and currently are a real danger.
I have personally approached the owner about the trees and he has flatly refused to do anything about them.
I have personally approached Campbelltown council about the trees and they have flatly refused to do anything about them.
I have approached the Secretary about the issue. I have indicated that I believe this is a strata issue and have recommended that the strata take the matter to the Land and Environment Court.
The Secretary has indicated that she too has concerns about the trees but says that it is too expensive to pursue the matter via the Land and Environment Court and has told me to pursue it myself.
Where do I stand?
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When you say the neighbour is not on the strata, what exactly do you mean? Is this neighbour not on the committee, or is this neighbour in a neighbouring property and not in your strata complex?
I believe that the airspace above your courtyard is your responsibility up to something like 3 or 4 metres. The space above this is the responsibility of the OC.
Your OC should be concerned. A large branch falling onto a roof (common property) and perhaps damaging the structure (common property) would not be a good thing. Insurance may cover but then premiums go up. Did you take this matter to the council in writing? Pointing out possible damage to person/property/possessions? We did this and managed to get permission from our council to remove a 30m native tree.
Keep all correspondence in writing to all parties. Should worse come to worse, you have proof you tried to draw attention and find resolution to this matter from all parties concerned.
If the trees are not on your property, then it will be difficult to get them removed.
As living things, any and all trees can be subject to failure at a certain point in time; apart from removing branches that overhang your/the OC property (as struggler suggested), there are probably few other options left.
In order to forcibly have them removed, you would need to prove that they are rotten/under significant stress/at the end of their useful life (etc) and in danger of falling. This would involve hiring a qualified aborist. Given that they are not on your property and the neighbour does not wish to have them removed, then your chances of achieving this first step are slim.
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