Question: Due to lack of funds, the committee refuses to remove a dangerous tree. They will not raise a special levy. What do we do?
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.
The strata management company have everything in place to remove the tree. Quotes have been arranged, the tree removal company is waiting and council approval has been arranged. The committee still refuses to raise a special levy.
Can a special levy be enforced by the strata manager even with the committee voting no?
Answer: You can apply for free mediation through NSW Fair Trading.
It is unclear how it has been determined that the dangerous tree is 100% the owners corporation’s responsibility. On the assumption this is correct, the strata manager, pursuant to its delegated powers as secretary, could include a motion to raise the required special levy for all owners to vote on at a general meeting of the owners corporation – however, the strata manager may be reluctant to do so if the strata committee does not support this stance.
Alternatively, you can apply for free mediation through NSW Fair Trading. If no agreement is reached or if the owners corporation refuses to attend, you may then apply to NCAT to have the matter considered there, and, if successful, the owners corporation could be ordered to remove the tree.
This post appears in the May 2023 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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