The obligation of Owners Corporations in relation to trees.
A recent NSW case highlights the importance of Owners Corporations managing trees along its property boundaries.
The case centred upon the Trees (Disputes Between Neighbours) Act 2006. The person bringing the action was the neighbour of a multi unit strata development and took proceedings against the Owners Corporation.
There were several claims made with the main ones relating to the potential damage from falling branches, the potential damage from tree roots and overshadowing. Although not all claims were upheld, orders were made against the Owners Corporation requiring the removal and pruning of several of the trees.
The case serves as a warning to Owners Corporations to carefully select trees planted along a boundary and to also have a regular program for maintenance of existing trees so as to avoid a major expense.
