A tree on the property that I am renting has damaged my car… The strata have sent a team of tree loppers to cut the dead tree down. Are they legally responsible for covering the damages caused by their tree? Do is have a case against them? And how strong is my case? – Wilson, NSW

Q: A tree on the property that I am renting has damaged my car in December 2020, and also damaged my motorcycle in 2018. The tree is next to the common parking lot and it has been dying from ivy vine suffocation. The strata have sent a team of tree loppers to cut the dead tree down. Are they legally responsible for covering the damages caused by their tree? Do is have a case against them? And how strong is my case? Thank you and I look forward to hearing from you soon.

 

A: It is more likely that your insurance will cover the cost of damages to your vehicles.

It also sounds like your owners corporation has addressed the issue, with the hiring of tree loppers. This makes it difficult to build a case against them, as you must show evidence of your owners corporation negligence to maintain common property.