Majority Wants Common Property Trees Trimmed but Some Owners Object: How Should a Small Strata Scheme Proceed?

By admin,

In a block of 5 units, we have two trees in our common garden. The trees have grown considerably and now block views, light and sunlight.

The majority in the block would like to trim, not remove, the tree. The vote was 3 for and 2 against. The two top units object, as the tree height doesn't affect them and they are insisting that we cannot carry out works. How do we proceed?

Is a Special Resolution Required to Remove a Large Hedge on Common Property in a Small Strata Scheme?

By admin,

Our block of 5 units has a very large hedge at the front of the property. The hedge provides privacy from the street for two of the apartments. The hedge also provides the building with its streetscape appeal. Is a special resolution required for the removal of the hedge?

Removing a Dying Tree on Common Property: Maintenance or a Change Requiring a Special Resolution?

By admin,

Our owners corporation has a dying tree on common property. Would the removal of this tree be considered, under Strata Regulations, a change to common property that requires a general meeting and special resolution? We've had trees removed here in the past and had the motions approved in strata committee meetings. Our Strata Manager has told us that, in this instance, we require a general meeting and special resolution.

Strata Committee Refuses to Remove a Dangerous Tree Due to Lack of Funds: What Are Your Options?

By admin,

I have a huge gum tree leaning across the boundary of 3 properties. An arborist's report states the tree is in imminent danger of falling and must be removed as soon as possible. The local shire council have inspected the tree and agreed.

If this tree falls, the stump and roots will severely damage my back deck, the fencing and neighbouring properties.

The strata committee met and decided not enough funds were available. If a special levy was raised, owners are unable to pay. As far as the committee is concerned, the tree's removal is my issue.

Who Is Responsible for Drain Damage Caused by Common Property Trees?

By admin,

I purchased a unit a few years ago. My toilet backs up. The plumber reported this is due to the roots of a tree on the common property. It will cost me $550 to clear the roots, and the problem will persist as the tree continues to grow. As the tree is on common property, who is responsible for maintaining the drains? The strata’s gardeners maintain the tree.

Developer Responsibilities for Strata Levies in Off-the-Plan Sales

By admin,

When developers are selling off the plan, what is their responsibility to ensure they put forward real numbers for strata levies? We often hear that, to generate sales, developers try to minimise strata levies. Once the building is occupied, funds are below what is required to properly maintain the building and this causes additional need to raise funds to manage the building. This also hugely impacts warranties.