Question: A dead tree on common property was left for over three years and has now fallen on cars. What must the owners corporation do about dangerous trees?
A tree on our common property was dead for more than three years. Owners requested the tree’s removal a week ago, and since then it fell and damaged three cars.
What legal obligations does the owners corporation (OC) have when there’s a dangerous, dead tree that needs removing? Are there regulations about how often trees must be inspected, and if so, within what timeframes? Are there obligations to inspect and remove large dead trees that pose a risk?
Answer: The owners corporation must maintain common property trees and take prompt, reasonable steps once a tree is known to be dead or dangerous.
Dead trees on common property: what are the OC’s obligations?
Where a tree forms part of the common property, the OC is responsible for its appropriate maintenance and management.
Under section 106 of the Strata Schemes Management Act 2015 (NSW), the OC must properly maintain and keep the common property in a good and serviceable condition. If a large tree is dead, unstable or otherwise presents a foreseeable risk to people or property, the OC should take reasonable steps to investigate the risk and arrange appropriate works.
If the OC knew, or had been put on notice, that the tree was dead and potentially dangerous but failed to take appropriate action, this may amount to a breach of its common property maintenance obligations and may also expose the OC to a claim in negligence.
How often must common property trees be inspected?
NSW strata legislation does not prescribe a specific timeframe requiring trees to be inspected at a fixed interval. The appropriate level of inspection depends on the scheme’s circumstances and the specific trees. A large mature tree near buildings, driveways, parking areas or frequently used common property may justify greater monitoring than a small tree in a low-risk location.
As a matter of good practice, an OC could also include basic monitoring of trees within the agreed scope of its regular gardener or landscaper. This does not replace a qualified arborist assessment where specialist advice is required, but it can provide a useful additional layer of routine monitoring.
Importantly, once concerns about a tree are raised, the OC should not wait for the next routine maintenance inspection. A potentially dead or dangerous tree should be assessed promptly, ideally by a suitably qualified arborist, with the recommendations documented and acted upon according to the level of risk identified.
What should the OC do?
A practical approach is to:
- arrange an arborist assessment when a tree appears dead, diseased, unstable or otherwise potentially dangerous
- incorporate routine observation of significant trees into regular gardening or landscaping arrangements
- document reports from residents, inspections, arborist recommendations and decisions made by the committee
- prioritise works according to the level of risk to people and property
- check whether council approval or another statutory approval is required before pruning or removing the tree
- notify the strata insurer promptly if a tree falls and causes injury or property damage.
Council requirements are particularly important because the rules for removing or pruning trees vary between local government areas. Even removing a dead tree may require council approval.
The key issue is whether the OC has taken proactive and appropriate steps, rather than simply reacting when something goes wrong, to maintain its common property and respond to known or reasonably foreseeable risks.
This post appears in the November 2026 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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