SA: Strata Liability for Visitor Parking Risks: Heritage Trees, Safety Obligations and Insurance Considerations

This article discusses strata liability visitor parking risks, focusing on safety obligations, heritage tree hazards, and potential insurance implications for owners corporations.

Question: 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?

Answer: 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 post appears in Strata News #526.

Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 1300 554 165

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. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.