Save a tree on the common land?

[teatreeoil]

There is a large/old tree on the common land between my unit and my neighbour's unit. My neigbour is planning to cut it down because the roots may damage the structure of their unit.

I don't like the idea because the tree acts as a very nice shades during summer. I've proposed using alternative ways to stop the root from damaging their unit.

The other two units in the same body corpration are not affected by this, and therefore unlikely to stand on my side.

Do I stand a chance to save this tree on the common land without any support from other units?

thanks

 

[neK]

Playing devils advocate here, but if you can propose alternative ways to stop the tree roots from damaging their structure, if they were to propose alternative ways for you to obtain shade would you object to it?

 

[Propertunity]

There is a large/old tree on the common land between my unit and my neighbour's unit. My neigbour is planning to cut it down because the roots may damage the structure of their unit.

You say "may" damage. It is already causing damage? If it is then probably better to get rid of it IMO.

Do I stand a chance to save this tree on the common land without any support from other units?

You need to garner support from other unit holders on the Body Corporate (BC). As you know the strata title system works on majority rules, so that one unit holder cannot hold the others to ransom.

You could make their life difficult by insisting that:
1. A tree preservation officer from council must come out to give approval, which is unlikely to be given if there is no evidence of impending damage.
2. You want an arborist to be consulted etc

These things will all need to be paid for by the BC of which you are a member and so you will be seeking to spend some of your 'own' funds on this too.

 

[Mr. Fabulous]

If the tree is doing damage to the unit, are you going to pay for the repairs?

 

[chrispy]

Depends on the area..some Councils will not allow you to cut down trees without a permit and then only if tree is damaged or dying. We had this problem where I have a unit.

Chris

 

[marg4000]

As the tree is on common property then body corporate permission will be needed to cut it down.

Frankly, I don't think you have much of a chance in stopping it.

The other two owners aren't affected, and certainly won't vote to save the tree if it means more body corporate expense further down the track to rectify damage.

Trees grow, roots do cause damage - these are facts of life.

Why not research trees and find a suitable replacement to be planted when this tree is removed? One which will provide shade, grow to a suitable size but have non-invasive roots.
Marg