Question: I have just paid $7000 to remove tree roots from my pipes. The trees are on body corporate land. Should I be compensated?
Answer: If the cause of the damage is from a common property source, the unit owner should have a case against the owners corporation for reimbursements.
If the cause of the damage is from a common property source, the unit owner should have a case against the owners corporation for reimbursements.
You would have to prove that the roots are from the trees on common property. Have you kept some of the roots?
Were the strata manager or the executive committee aware of the issue before works had been undertaken? The owners corporation may have an argument that works were undertaken without their knowledge. But initially, the thinking most likely was that there was a blockage at the unit, and usually, this would be an owner’s responsibility if said pipework services that unit only.
The owner would have a stronger case if it can be proven that said tree roots are from the trees on common property and further noting that if these trees have an invasive root system. The owners corporation may need to obtain an arborist report on the other trees to prevent further incidents.
Jan Browne
Bridge Strata
E: jan@bridgestrata.com.au
P: 02 6109 7700
This post appears in Strata News #659.
I have just paid $7000 to remove tree roots from my pipes. The trees are on Body Corporate land. Should I be compensated?
Hi Nikki
Jan Browne, Bridge Strata has responded to your comment in the article above.