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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Body corporate community manager act the bccm does not a law

Customer Question

body corporate community manager act the bccm does not a law on the height of trees in front balcony these trees 4.2 metres they are lillypilly trees my unit is at the end these are blocking my view also the lights on the common property i am the chairperson what can i do cheers barb
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi Barb, I assume the trees are on common property owned by the Body Corporate, is that correct? and no other property owners are involved, other than the member of the Body Corporate. Please confirm.

Expert:  Brisbane.Lawyer replied 1 year ago.

Given the disagreement amongst the residents regarding pruning of the tree.. and by the sounds of it, reducing the height of the trees, the Body Corporate will need to put forward and pass a motion, to decide what action to take, if they do not already have a motion passed regarding maintenance and pruning of the tree, that permits the planned height change of the trees.

I assume there are no vegetation protection orders covering the trees?

If the tree is on the common property.. then the body corporate are the "tree-keepers", as defined by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (the Act).

Responsibilities of a ‘tree-keeper’

A tree-keeper is responsible for:

• cutting and removing any branches of the tree which overhang a neighbour’s land, provided there is no vegetation protection order protecting the tree

• ensuring that a tree does not:

– cause serious injury to a person on the neighbour’s land

– serious damage to a neighbour’s property

– unreasonably interfere with a person’s use and enjoyment of their land.

Kind regards,

James

Expert:  Brisbane.Lawyer replied 1 year ago.

Hi Barb,

Apologies for the delay in the offer of a phone call - I have only just seen your request.

Kind regards, James