Arana Hills family left homeless after 20-tonne gum tree fell on property after storm

A family has been forced to couch surf after a 32-metre tall gum tree crashed through the roof “like a freight train” after a bitter five-year dispute over who owned the tree.

Arana Hills resident Jodie Davis has been forced out of her home after a tree from a neighbouring property crashed through the roof, triggering a dispute over who owns the tree. Picture: Patrick Woods.

• Tree wars: What are your rights?

A Brisbane family is couch surfing after a 32-metre tall gum tree from a neighbouring property crashed through their roof in the middle of the night, nearly killing them just before Christmas.

The family’s Leatherwood home at Arana Hills, was deemed too dangerous to live in after the tree from a nearby townhouse complex on Plucks Road fell on their home.

Now Jodie Davis and her family are awaiting repairs, but the rental market near their property is at capacity, leaving them without temporary accommodation.

For five years, Ms Davis had warned Allegra Body Corporate, which manages the easement where the tree grew in neighbouring Plucks Rd, about the tree’s risks.

In 2020, Ms Davis took the issue to the Queensland Civil and Administrative Tribunal, where it was understood that the Allegra Body Corporate was the owner of the land and it was agreed that the tree should be removed.

The massive 32-metre tree weighing 20-tonne crashed on to the roof of this Arana Hills property. Picture: Contributed

However, no action was taken, even after the mediation report was sent to Allegra.

“It had been a worry for a long time that it would fall on my house, and that’s exactly what happened,” Ms Davis said.

“Every storm, branches would damage our roof, and I constantly feared the tree would crash through my bedroom, killing me while I slept.”

Her fears came true when the tree thundered through the roof at 2.30am.

“It sounded like a freight train or an earthquake,” Ms Davis said. The crash woke up the entire neighbourhood and caused extensive damage to the house, with rain pouring inside.

The family was lucky to avoid injury, but the roof was destroyed beyond repair.

“I didn’t know what had happened … I just wanted to get out of the house. I didn’t even know where the dog was,” she said.

■ LIST: Qld’s wild neighbourhood tree battles

Arana Hills resident Jodie Davis points to a hole in her roof after a tree from a neighbouring property crashed inside her house, which had the roof forced out of her home after a tree from a neighbouring property crashed through the roof, triggering a dispute over who owns the tree. Picture: Patrick Woods.

Ms Davis believes heavy rainfall before the incident loosened the tree’s roots, making it unstable enough to topple.

“There was no wind, and it wasn’t a storm,” she added.

Efforts to remove the tree before the incident were complicated by a dispute over ownership of the easement.

Allegra Body Corporate claims the tree and land belong to Moreton Bay City Council, while the council denies ownership, saying the easement was created for stormwater drainage access.

An Allegra Body Corporate spokesman expressed his frustrations with the situation.

“The body corporate is thankful that nobody was injured and feels terrible about the damage caused,” he said.

“The tree was healthy, but the flooding caused by the council’s poorly maintained drain made the ground unstable.”

The spokesman said the body corporate had lodged an insurance claim immediately after the incident to avoid delays in removing the tree and repairing the property.

He said the body corporate had attempted to have the tree removed years before the incident but was told a protection order prohibited its removal, even though it had become a safety hazard.

Jodie Davis inside her shattered home after a tree slammed into her roof cracking the ceiling and leaving a gaping hole into her walk-in wardrobe. Picture: Contributed

“We’ve requested for years that the council install underground drains to prevent further instability in the future,” he said.

Since the event, the body corporate has had an arborist assess the other trees in the easement and will again approach the council about improving drainage.

Ms Davis, who pays $4500 annually for house and content insurance, said her insurer, Suncorp, had helped, but the process had been too slow to save many of her possessions.

Suncorp found temporary accommodation for the family at a cost of $2500 a week, but their policy only covers 10 per cent of the total insured value, or $55,000.

The insurer has waived their excess and will continue to provide accommodation while repairs are made.

Despite Suncorp’s support, the ongoing dispute over tree and easement ownership has added to the family’s stress.

Workers had to wait to get insurance clearance before they could cover the hole in the roof with tarpaulins … but in the meantime … it rained.

Ms Davis was told by the council that if she wanted more information she would need to pay for a Right to Information search to clarify the ownership issue, which she found absurd.

“As a ratepayer, I find it unfair that I have to pay extra to get information about my own property or to get clarity over claims including those about a protection order on the tree.”

In a statement, Moreton Bay Council acknowledged the stressful situation.

“The tree is on private property, and the townhouse body corporate is responsible for its maintenance, including vegetation,” the council said.

The tree next to the house before it crashed over in December with an aerial view showing the massive canopy of the gum before it fell.

“The council holds an easement for drainage access on the property but is not responsible for vegetation upkeep.

“We don’t have any requirements for dangerous trees to be protected.

“Council has notified both the property owner and the townhouse body corporate about their respective responsibilities.

“The council encourages both parties to resolve the issue privately and requests that inquiries be made through its Right to Information process if further documents are needed.”

Originally published as Arana Hills family left homeless after 20-tonne gum tree fell on property after storm