Question: We need to remove a dying tree from common property. Is this considered maintenance or a change to common property? Do we need a general meeting and special resolution?
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.
We aren’t removing a tree to improve or enhance the common property. We are removing the tree because it’s dying and we want to remove the risk of the tree falling down. Isn’t this more a repair and maintenance responsibility of the owners corporation?
Answer: As the tree is situated on the common property and it is technically in a state of “disrepair”, the owners corporation could resolve to have it removed or replaced without the requirement for a special resolution.
In our view, as the tree is situated on the common property and it is technically in a state of “disrepair” ie dying, the Owners Corporation or its strata committee could resolve to have it removed or replaced without the requirement for a special resolution. This is because, as you correctly state, you are not “enhancing” the common property but merely repairing and maintaining it (depending of course on the cost involved if this exceeds any limit on the spending of the strata committee).
This post appears in Strata News #634.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440