By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!

Plants obstructing the view

Member’s question:

We manage a block of flats with a sea view.

The land between the flats and the sea is open park areas belonging to a museum.  On the slope right in front of the ground floor units, there are Milkwood Trees that have now grown so big that it obstructs the view of the ground floor units.

The trustees have been in consultation with the museum, but as Milkwood trees are protected species, they say that the trees cannot be removed.

The ground floor owners are unhappy with the situation and want the trustees to take action.

Are the trustees in any way obligated to become involved or is this an individual owner responsibility?

Anton’s answer:


I think the trustees have probably done more than their duty in this matter. The trees are not on the schemes common property, so the scheme cannot do anything about them.

I seriously doubt these owners can do anything either. Property owners don’t actually have a right to a view. The position regarding Milkwood Trees appears to be very firm.


Can a body corporate apply for a court order against an owner / tenant

Member’s question:

Is the body corporate able to apply for a court order against an owner / tenant in a block for unacceptable behavior. Would the relevant owners who impacted by this behavior have to apply for the court order in the personal capacity or can it be done by the body corporate on behalf of all owners.

Anton’s answer:


We think so yes, if the situation is urgent. But it’s early days yet, no one has tried it (that we know of) it’s possible the magistrate/judge will refer the applicant to the CSOS.


Article reference: Paddocks Press: Volume 11, Issue 10, Page 04.

Professor Graham Paddock, Anton Kelly, Dr Carryn Melissa Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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