Another tree poisoned on Common Property

[Agenda]

I wrote on here mid last year about a large gum and numerous other trees that had been poisoned by another EC member's husband. All trees have since been removed and now half the block looks into brick walls of the neighbouring units - nice!

He's continuing to do his "gardening" if thats what you can call it and has now set is sights on my side of the block (15 units over three stories in an L shape). At the December AGM I submitted a proxy asking that no trees or shrubbs be tampered with on my side of the block which was distributed to this bloke and his wife (both attend the meeting) and the other EC member.

Just the other day I noticed a large shrub, one I specifically asked not be touched, has been poisoned - today its in a really bad way and is drooping. This large shub is outside our bedroom window and offers us privacy from the road as we are on a roundabout, it also stops people passing through the property up agains the building.. As you can imagine - I am totally furious as no attemp to contact me about poisoning / removing the bush was made.

So, my question is - can I request that the bush be fully replaced with a similar plant of size? Can I consider this malicious damage to common property?

 

[Ausprop]

Can I consider this malicious damage to common property?

you can consider whatever you like! but what are you going to do about it? e.g. charges (proof?), get even, punch him out?

 

[mary&mat]

Hi Agenda,

Just playing devil's advocate for a moment:

How do you know it's been poisoned?

Can you prove it was poison?

Even if yes, to the above points, it will be hard to prove it was this person that did it.

I would submit to the Body Corp that you need the tree replaced with one if similar size, for the reasons you outlined above.

Perhaps even put it on the agenda that someone is poisoning the trees on your block (no need to indicate you think you know who it is), & just have everyone on the alert as it's going to cost you all money to replace them when they die.

Hopefully, this may get some of the owners on your side mentioning the money.

Good luck

 

[Agenda]

I'm 100% sure it's him:

# His wife sent out an email saying they want to do gardening because they miss having a garden.
# Holes in trees since removed drilled from our side of the fence.
# The bottle of poison sits at the door of his garage (I watch the amount go down)
# I overheard him two weeks ago with a mulsh guy say about the bush in question - "I don't give a sht, just get rid of it" and laughed.
# I see him and his wife in the garden often.
# He's always rude to us and blames us for stickers put on his car a number of years ago (wasn't even us).

I spose I just want to confirm that I can get replacement planting on the grounds of malicious damage or the like???? - the last thing I want is for people walking right past my bedroom, urinating etc (we have a pub up the road and I am due to have a baby in 3 months).

PS mary&mat - it was very healthy (and has been for the 7 years I have been there) over the last week and a half is drooping and leaves are dropping off)

 

[russellpeter]

I would consider putting a camera on the area and catch them red handed
and then report to the police.

otherwise if you have no proof it’s just your word against his

you would need to get approval from the BC to put in a new tree

why is he wanting to remove the tree?

The other option is when it dies ask to replace the tree and pay for it yourself and then put the camera on it if he poisons that tree there is a chance you can get them kicked out of the complex

But look at the body corp. rules first

 

[twoshoes]

I'm 100% sure it's him:
# His wife sent out an email saying they want to do gardening because they miss having a garden. ...

He has a strange idea of gardening! I can't see what benefit he is getting by killing trees, what's his motive?

 

[yadreamin]

Hi Agenda
l really feel for you with this. You need to take some pics of the dying bush then take some cuttings from it to a local nursery and speak to a horticultrist.
They should be able to tell you if its been poisioned. Maybe your local council garden dept can help as well. get results all in writting. Then take pics of all the remaining trees and shrubs left on the site[ for future evidence] take a pic of the poison bottle too while you are at it. Take pics of how you will loose privacy/security to the building.
Submit all evidence and pics in writting to the BC and make a formal request to have the shrub replaced with a similar size. You could also include this cost as well. Maybe even sugest to have a fence built at a cost to all owners to retain privacy/security.
Go to your local council and ask if they have any restrictions on removing shubs and trees in your area. If they do include this in your pack to the BC. If council do have restrictions in your area inform them of your suspicions as Council will probably/hopefully want to also get involved.
Get chatty with whoever turns up to the property to do gardening and maintenance and in general conversation let them know how the trees and shrubs are dying and how everyone is keeping watch on who ever is in the garden. Generally really go on about it to the point that they will be all to cautious to do anything in case they are noticed.
good luck and
cheers

 

[Ed Barton]

I
(we have a pub up the road and I am due to have a baby in 3 months).

i wouldn't suggest delivering in the pub.

why is this guy poisoning trees? is it to improve his view? is it because he blames you for some stickers and is trying to get even? is s/he a tenant or an OO?

if you get a replacement bush, won't he just poison it again?

 

[Dazz]

I'm 100% sure it's him:

Case closed then. If you're sure, that's good enough for me.

# His wife sent out an email saying they want to do gardening because they miss having a garden.

That is solid evidence indeed against them. Next BC meeting, pin 'em to the wall with that.

# Holes in trees since removed drilled from our side of the fence.

Was it a worm - a woodpecker or a squirrel that did the hole....how many holes....was the hole a 5/16ths AF ?? Did you keep the hole ??

# The bottle of poison sits at the door of his garage (I watch the amount go down)

I've got a bottle of poison as well, but I can assure you it wasn't me.

# I overheard him two weeks ago with a mulsh guy say about the bush in question - "I don't give a sht, just get rid of it" and laughed.

It was probably a mulch guy, and because you only overheard him and didn't receive a full exact manuscript signed off by all parties to the conversation, he could of been talking about his cactus plant out the back of his place, or his old wheelbarrow that he donated to the mulch guy.

# I see him and his wife in the garden often.

That madam is concrete and irrefutable evidence. You're onto a winer with that.

# He's always rude to us and blames us for stickers put on his car a number of years ago (wasn't even us).

Rude - guilty for sure.

I wonder - do you reckon he's as sure about the stickers issue as you are about the shrub issue ??


BTW - hows the rest of your life...I can only presume all of the big things in life are ticking along swimmingly ??

 

[Agenda]

Thank you for all the feedback - always helps to get an opinion

Dazz - Everything is fine thanks - my mother in law pisses me off occasionally otherwise all good. How's your life going?

Ed - Presumably yes, he's probably pretty sure it is us and getting us back.

Yadrearmin - Thank you for your post - I have taken photos of the poison in has carrage and of the bush yesterday.