30+ years ago, the developer put the visitor parking under a huge heritage tree. If an accident occurs, are strata liable if we fail to move the car park?
When our strata was being developed in the 1980s, the developers put a paved visitor parking space right next to a 200-year-old red gum. It's a heritage tree so it can't be removed. If visitors park under the tree, they risk car damage if the tree drops a branch.
Are strata liable if we fail to move the car park? We can and should we move the visitor parking space to a safer spot?
If you believe there is an imminent risk of danger, the owners corporation should take reasonable action to minimise the risk.
Liability is something that is determined on a case by case scenario by solicitors (and sometimes judges) based on the actual claim.
If there is a claim made against the body corporate for personal injury or property damage related to the tree overhanging the car park, it can be considered under the public liability section of your policy.
If you believe there is an imminent risk of danger, the owners corporation should take reasonable action to minimise the risk as claims history is a major rating factor for insurers.
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances and the specific coverage afforded under their policy wording. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.
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Tyrone Shandiman is a seasoned professional in the insurance industry having embarked on his journey in 2004 within the financial services sector. In 2011, he established Strata Insurance Solutions, transforming a garage startup into a reputable firm servicing over 900 clients with a dedicated focus on strata insurance. Tyrone's role extends beyond managing operations and tackling complex insurance matters; he also founded the Australian Consumers Insurance Lobby, championing consumer rights within the insurance industry. Notably, his efforts and expertise have been acknowledged with numerous industry awards. Adding to these accolades, Strata Insurance Solutions was recently named an Australian Top Brokerage by Insurance Business Australia Magazine, a testament to the firm's excellence and leadership in the field. Tyrone is a regular contributor to LookUpStrata.
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