This article discusses common property tree pruning, explaining who bears the cost when only some units benefit from pruning a healthy tree that affects views.
Question: A large tree in our garden blocks the view of the harbour for 2 of the units in our building. Who should pay for pruning if the benefit of pruning is for 2 units only?
We have a beautiful jacaranda tree in our garden which has grown and now blocks the view of the harbour for 2 of the units in our building. We are a building of 5 units. The 2 units on the ground level do not have a view of the harbour due to the configuration of the garden in relation to those units. The two units on the middle level have partial views which are obstructed by the jacaranda tree. The top unit has views as it is higher than the tree.
The middle 2 units want to prune the tree to give them better views. They want the strata to pay for the pruning under the heading of garden maintenance.
Who should pay for pruning if the benefit of pruning is for 2 units only? The tree itself is healthy and otherwise does nor require pruning.
Answer: If the base of the tree, bush or hedge is on common property, then the Owners Corporation will have a responsibility to keep this managed. If it’s on the individual lot owner’s parcel of land, then the responsibility to trim or maintain it will be theirs.
If the base of the tree, bush or hedge is on common property, then the Owners Corporation will have a responsibility to keep this managed. If it’s on the individual lot owner’s parcel of land, then the responsibility to trim or maintain it will be theirs. Issues, where there are disputes, are addressed under the Trees (Disputes Between Neighbours) Act 2006 (NSW).
There is a process that can assist in this matter. Firstly, a 21-day notice must be provided to the owner of the lot with the tree in question by the affected owner/s, with the notice detailing what orders will be sought if the matter is taken to the Land Environment Court. During this time, the owner of the lot with the obstructing tree in question can attempt to come to an agreement with the affected owner/s. If owners reach a resolution, then the following steps will not be needed.
If no resolution is reached, then an application to the Land Environment Court can be made by the affected owner/s to resolve the matter. The Land Environment Court can make orders that the said tree be pruned and maintained at a specific height.
This post appears in Strata News #460.
Michael Smythe NSW Branch Manager Civium Communities E: michael.smythe@civium.com.au