A home under the gum trees
03/11/2015
Everyone loves a big, beautiful, shady tree in the backyard or by the side of the road … except, of course, when that tree’s overhanging branches threaten to fall during a storm and cause personal injury or damage to a home.
There have been many disputes in residential parks over who is responsible for looking after trees and tending to those unwieldy looking branches.
Who is responsible?
It is up to the operator to look after and maintain the trees in a residential community. This has always been the case, but the new Residential (Land Lease) Communities Act 2013 makes this clearer and provides for a slightly broader responsibility for operators than under the Residential Parks Act 1998.
The operator has always been required to take action on trees if they posed a danger to the safety of residents, or to homes or other property. For example, if a branch requires lopping, it is up to the operator to organise this and pay costs.
The new Act also provides that the operator must ensure that all trees in a community are ‘properly maintained’. Hopefully this will mean operators are quicker to act when residents voice concerns ... and happier, healthier trees in communities.
Another change worth noting (in s48 of the new Act) is that as a homeowner you are now required to get permission before planting trees in the community. Without the operator’s consent you may be liable for any costs involved in removing the tree.