From the July 2004 "Outasite" magazine...
WATCH OUT!
There’s Trees About

Here at PAVS we get lots of calls about trees. Many of the calls are from park residents concerned be-cause the park owner is about to, or has chopped down a tree, other calls are from residents worried that a tree has the potential to cause damage to their homes and belongings. Some are residents whose homes have actually been damaged by falling trees or tree branches. Sometimes we get more than one call about the same tree. One resident might want the tree re-moved because it makes a mess by dropping leaves and small branches, or they feel it could cause damage during a storm. Another resident might call wanting to know what they can do to save the tree because it provides shade for their home.
There’s no denying that trees are beautiful, they look great, provide shade, keeping the park and resident’s homes cooler in summer and pro-vide food and accommodation for many species of birds and animals. There are numerous benefits to having trees in your park… but there can also be disadvantages. Some trees if planted in the wrong spot, damaged, or poorly maintained have the potential to cause serious damage to the residents themselves as well as resident’s homes and belongings. A park on the Mid North Coast has a number of large pine trees. Most of the year they pose no problem at all, other than dropping copious amounts of pine needles, but for 3 months of the year when the black cockatoos are using them as a feeding ground it can be quite a dangerous place. The cockatoos discard the pinecones from a great height, making it dangerous for residents or visitors to walk through the park. During one visit to the park I meta number of people with cuts to their arms or heads caused by flying pinecones. Despite these trees being dangerous part of the time, the park owner cannot remove them as Council will not give per-mission and the majority of residents I spoke with also want the trees preserved. 
So, what does the law say about trees?
 
The Residential Parks Act 
The Residential Parks Act states:

 
• A park owner must ensure that trees in a residential park are maintained so as to protect the safety of residents, moveable dwellings and other property in the residential park 
• However, a park owner is not required under this section to take any action that is prohibited by law. 
• The Tribunal may, on application by a resident of a residential park, make an order resolving a dispute concerning a park owner’s compliance with this section.

 
This makes it clear that park owners are responsible for ensuring trees are maintained in a way that keeps residents and their property safe. How-ever, a park owner cannot trim or remove a tree if it would break another law. For example, most local Council shave Local Environment Plans that include tree preservation orders. A “Tree Preservation Order" is to identify a tree or class of trees that must not be ring-barked, cut down, topped, lopped, re-moved or wilfully  destroyed without development con-sent or the permission of the Council”. So…sometimes a park owner may want to re-move or prune a tree but can-not because a tree preservation order is in place. Council should not prevent the lopping or removal of a tree if it is diseased or considered dangerous.

 
So… what do you do if you believe a tree on your park could cause damage to yourself or your property?

• Put your concerns in writing to the park owner, make sure you identify the tree and outline exactly what your concerns are. 
• Take photos of the tree/s 
• If there is no response from the park owner you may have to seek orders in the Consumer, Trader and Tenancy Tribunal (CTTT). 
NB: Remember you should always document and record any requests you make to the park owner to maintain the tree/s as this may need to be used in evidence at any sub-sequent Tribunal or Court hearing. 
What if a tree has already caused damage?
• If you believe the park owner has contributed to the damage because he / she failed to maintain the tree write to them asking for compensation to cover the dam-age. Include receipts if you have already paid for repairs, quotes if you have not. (Your case will be much stronger if you can show you have previously brought the matter to the attention of the park owner.)
• If the park owner refuses to pay compensation, or does not reply to your letter you can seek a compensation order in the CTTT. The residential parks division of the CTTT can award a maximum of $10,000 by way of compensation, however the general division can award up to$25,000. #Contact your local Tenant’s Advice and Advocacy Service if you want further information or assistance with your application. There is a list of Services and their contact numbers on the back page (of "Outasite") .
• Remember the park owner does not have to pay any compensation unless you can establish that the damage occurred because the park owner failed to maintain the tree that caused the damage. You will need to show the park owner was careless or reckless in disregarding this duty.