Enter your email Address

LookUpStrata

Australia's Strata Title Information Site

  • Advert: Strata Guardian
  • Whitbread Insurance Brokers
Australia's Top Property Blog Dedicated to Strata Living
  • Home
  • What is strata?
    • Strata Legislation – Rules and ByLaws
    • What is Strata?
    • Glossary of NSW Strata Terms and Jargon
    • Understand Strata Management with this Five-Minute Guide
    • Cracking the Strata Fees Code
    • Strata Finance
  • Strata Topics
    • Strata Information By State
      • New South Wales
      • Queensland
      • Victoria
      • Australian Capital Territory
      • South Australia
      • Tasmania
      • Western Australia
      • Northern Territory
    • Strata Information By Topic
      • COVID-19
      • By-Laws & Legislation
      • Smoking
      • Parking
      • Noise & Neighbours
      • Insurance
      • Pets
      • Your Levies
      • New Law Reform
      • Maintenance & Common Property
      • Committee Concerns
      • NBN & Telecommunications
      • Building Defects
      • Renting / Selling / Buying Property
      • Strata Managers
      • Building Managers & Caretakers
      • Strata Plan / Strata Inspection Report
      • Apartment Living Sustainability
    • Strata Webinars
      • NSW Strata Webinars
      • QLD Strata Webinars
      • VIC Strata Webinars
      • ACT Strata Webinars
      • SA Strata Webinars
      • WA Strata Webinars
  • Blog
    • Newsletter Archives
  • The Strata Magazine
    • The NSW Strata Magazine
    • The QLD Strata Magazine
    • The VIC Strata Magazine
    • The WA Strata Magazine
  • Advertise With Us
    • Site Sponsors
    • LookUpStrata Site Advertising
  • About Us
    • Testimonials for LookUpStrata
  • Help
    • Ask A Strata Question
    • Q&As – about the LookUpStrata site
    • Sitemap
Home » Maintenance & Common Property » Maintenance & Common Property ACT » ACT: Q&A Notice of Decision for the Removal of a Tree on Common Property

ACT: Q&A Notice of Decision for the Removal of a Tree on Common Property

Published October 16, 2018 By The LookUpStrata Team 3 Comments Last Updated September 25, 2021

Sharing is caring!

16 shares

This question about the removal of a tree on common property and who pays has been answered by Jan Browne, Bridge Strata.

Question: We have received a Notice of Decision, Tree Protection Act 2005 for the removal of a tree located on the common property of our unit title. Who is responsible for the cost?

I live in the ACT in an apartment complex. We have received a Notice of Decision, Tree Protection Act 2005 for the removal of a cypress tree located on the common property of our unit title. Can you please advise if the cost of the felling/removal of this tree falls is covered by the levies paid by the owners into the administration fund? Or would it be only paid by those lot owners impacted by the tree?

The tree is on the common property of the unit title and not specifically within a lot owners courtyard.

Can you please advise and provide any examples of where the body corporate as a whole has paid for the felling/removal of a tree on common property?

CLICK HERE TO BE NOTIFIED WHEN WE PUBLISH CONTENT TO THE SITE

Answer: The owners corporation is responsible for managing the common property and enforcing its rules.

As the owners corporation holds the common property as agent for the unit owners, the law imposes an obligation on the owners corporation to maintain the common property and any other property it holds. This includes maintaining all common property grounds etc.

Would be up to the owners corporation to determine if the cost is paid out of admin or sinking but would normally be a budgeted item. If the Units Plan does not have enough money to pay for the works to be done then a special purpose levy would have to be raised and paid for by all owners.

And each manager would have examples of the owners corporation paying for tree removal as part and parcel of the obligations of the owners corporation to maintain and repair common property.

Jan Browne
Bridge Strata
E: [email protected]
P: 02 6109 7700

This post appears in Strata News #213.

Have a question about deregistering unit plans or something to add to the article? Leave a comment below.

Embed

Read Next:

  • ACT: Q&A Where do my Common Property Boundary Lines Lie?
  • ACT: Q&A Who pays for fence replacement?

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Visit Maintenance and Common Property OR Australian Capital Territory Strata Legislation

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

Comments

  1. Frankie-Kate Mitchell says

    June 19, 2022 at 10:18 am

    Does the Strata Manager of the Body Corporate need to notify the owners and residents that they intend to remove a tree on common property and give the reason(s)?

    Or can they just decide on and organise the removal without advising the owners and residents of their intention?

    We have had a 9 metre (approx) well established beautiful paperbark tree removed from the common property in our 27 unit complex. My guess is that this tree was planted when the complex was built. It was not storm damaged, dying or dead and it was not without 3 metres of any principal building wall causing obstruction which are some of reasons that a tree can be exempted from requiring approval with the City of Newcastle. Greenery has been removed as well as privacy and a place for birds and possums.

    It just does not seem right in 2022 that it appears from the owners that I spoken to knew nothing about the removal. It just blows me away, when we know how important trees/green space is to our health and mood therefore the wellbeing of our mental health.

    I truly would of thought that there would have been an obligation by the Strata Manager to notify the owners and residents to see what they thought about the important issue of the removal of such an established beautiful tree!
    We

    Reply
    • Nikki Jovicic says

      June 20, 2022 at 11:41 am

      Hi Frankie-Kate

      This NSW article should assist: NSW: Q&A Strata Title Trees and Hedges – What Can & Can’t the OC do?

      Reply
  2. John says

    December 16, 2019 at 8:37 pm

    If it were within a lot owner’s courtyard, would the removal or any damages caused by a tree be at solely the lot owner’s expense?

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search For Strata Articles

  • Advert Stratabox
  • StrataBox Advert
  • Advert: StrataLoans
  • Advert: StrataLoans
  • Advert: StrataLoans
Subscribe Newsletter

TESTIMONIALS

"LookUpStrata should be compulsory reading for every member of a Body Corporate Committee. It provides the most understandable answers to all the common (and uncommon) questions that vex Body Corporates everywhere. Too often Committee members do not understand what Body Corporates are legally able to do and not do. LookUpStrata helps educate everybody living in a Body Corporate environment for free." John, Lot Owner

"It's the best and most professional body corporate information source a strata manager could have! Thanks to the whole team!" MQ, Strata Manager

"I like reading all the relevant articles on important issues on Strata living that the LookUpStrata Newsletter always effectively successfully covers"
Carole, Lot Owner

"Strata is so confusing and your newsletters and website are my go-to to get my questions answered. It has helped me out so many times and is a fabulous knowledge hub." Izzy, Lot Owner

Quick Login

Log In
Register Lost Password

Categories

  • COVID-19
  • Ask Us A Strata Question
  • New South Wales
  • Queensland
  • Victoria
  • Australian Capital Territory
  • South Australia
  • Tasmania
  • Western Australia
  • Northern Territory
  • ByLaws & Legislation
  • Smoking
  • Parking
  • Noise & Neighbours
  • Insurance
  • Pets
  • Levies
  • Law Reform
  • Maintenance & Common Property
  • Committee Concerns
  • NBN & Telecommunications
  • Building Defects
  • Renting / Selling / Buying
  • Strata Managers
  • Building Managers and Caretakers
  • Strata Reports / Plans
  • Sustainability

Recent Comments

  • Cory Wallis on VIC: Q&A What is a 99 year lease for owners corporation in Victoria?
  • stephen on NSW: Can An Owners Corporation Add Its Legal Fees For Recovering Unpaid Contributions To The Defaulting Lot Owner’s Ledger?
  • Derick on NSW: Q&A Should a Free Strata Report be available at inspection?
  • A. C. on VIC: Q&A Owners Corporation Insurance Requirements Victoria
  • A. C. on VIC: Who Can Best Calculate Replacement and Reinstatement Values?
  • Len Chapman on QLD: Q&As Keys, fobs, swipe cards, security access and issues
  • Liza Admin on QLD: Q&A Levy Increases – As Lot Owners, Can We Refuse?
  • Bruce on QLD: Q&As Keys, fobs, swipe cards, security access and issues
  • Kelly Partington on NSW: Q&A Noise Complaints to Strata
  • Stephen on NSW: Q&A Can we get a better return on our Capital Works Fund?

WEBSITE INFORMATION

  • Privacy Policy
  • Terms and Conditions of Use
  • Terms of Use for Comments and Community Discussion
  • Advertising Disclosure
  • Sitemap

SCA Membership

SCA WA Membership

ASK A STRATA QUESTION

Disclaimer

The opinions and/or views expressed on the LookUpStrata site, including, but not limited to, our blogs and comments, represent the thoughts of individual bloggers and our online communities, and not those necessarily of LookUpStrata Pty Ltd. In all instances, information should not be taken as advice and independent legal advice should be consulted.

CONTACT US VIA EMAIL

Copyright © 2022 · LookUpStrata ® Pty Ltd · All rights reserved