Question: Who is responsible for keeping the trees trimmed inside the fence line of the ground unit? The lot owner or the body corporate?
Our complex is fenced. We have 1 ground unit and the fence line also surrounds this unit but is separated from the other units by another small fence. Inside the fence line of the ground unit are trees and shrubs. Who is responsible for keeping the trees trimmed inside the fence line of the ground unit? Is it the lot owner or the body corporate?
Answer: There could be a number of factors determining responsibility
There could be a number of factors determining responsibility and it’s not possible to say definitely from the information provided. You would need to consider the building plan format, the CMS and any presiding by-laws. You may need to refer to: Neighbourhood Disputes Dividing Fences and Trees Act 2011
The best place to start is with your body corporate manager. They should be able to provide the required documents and help determine responsibility on that basis.
For further information the Queensland government has a good guide for how to resolve tree and fence issues: QLD Government – What to do if a neighbour’s tree is affecting you
This post appears in Strata News #488.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924