QLD Who should cover the cost to fix the drainage pipes?

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AshleyLiu

Member
9 July 2024
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Hi there,
We are the owner of a ground level unit with a backyard as exclusive use area. There is an overgrown Monsteria plant in the backyard since we moved in three years ago. I asked twice if the body corporate can remove the plant as they removed a tree for another unit to avoid further damage to retaining wall. They said no even in the second time, when I raised my concern that the overgrown roots may damage the building foundation and sent them photos. They said it’s just a pot plant that escaped from the pot and we can decide if we want to remove it or not at our own cost. Back then, we decided to keep it since body corporate did not show any concern. We did trim the branches and roots now and then.
Recently, there was a drain blockage occurred that affected two ground units and those above. Draincare found it was a blockage of a pipe under the tree. On the day, the plumber told me it was not because of the tree roots. However, later in their report, they said it was the roots. And the body corporate request us to remove the tree and pay all the money related to the fix of the pipes as they said it is because we did not maintain the tree and this lead to the damage.
So my questions are
Who should be responsible for removing the plant?
Who should be responsible for all the cost related including tree removal and pipe fix?

The building was built in 1995 and was seriously flooded in 2011 and 2021. I asked the body corporate to show their evidence of pipe maintenance. They just ignored my question.
We suspect the pipe leaks first due to flood and poor maintenance and then attracted the roots if the Draincare people did not lie.