Question: Our body corporate won’t approve the removal of a large tree leaning towards our home. Can we take this to the Commissioner’s Office?
We have a large bloodwood tree leaning towards our bedroom, just under 3m from the roofline, and the body corporate will not approve the tree’s removal. Can we challenge this via the BCCM Commissioner’s Office?
We have the smallest home in the complex and have cleared the least area. Many other properties have cleared more than 4m out from their curtilage.
Answer: Get your documentation in order before escalating to the Commissioner’s office.
The Commissioner’s office exists to help resolve disputes within community titles schemes, so if you feel it is necessary, escalate to that step. First, think through the process you have engaged with the body corporate to settle this matter.
What steps have you taken to advise the body corporate of the issue, and what kind of response did you receive? I recommend seeking a formal response from the body corporate before proceeding to the Commissioner’s office. When you say the body corporate will not approve the removal of the tree, what does that mean? Is it a rejection based on a few emails, or has the matter been voted on?
From the correspondence, we don’t know anything about the tree. Whose responsibility it is and what any removal costs might be. Have you checked if the council will permit the removal? If it is a body corporate tree, can the committee decide to remove it, or does it require a decision by all owners? These are important details that could affect any response from the body corporate or any progress of a legal claim.
Have you submitted any formal motions to the body corporate regarding the removal of the tree? This could be a motion to the committee or to all owners. If you have not done so, it may be worth taking this step before escalating your claim. Even if your submission is rejected, you will at least have a formal record of any decision of the body corporate. Then, the question is whether that decision was within the law and reasonable.
If you are applying to the Commissioner, try to keep it concise and focused. If you clearly define the issue, you can get a definitive response. It’s unlikely to be successful if your application is not sufficiently organised.
This post appears in Strata News #796.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
Take some pictures and send to Strata Insurance as a “Duty of Disclosure” include your strata plan and copies of the emails as sent between you as an owner and the Strata Company and Strata Manager.
I would also include as cc to insurance provider, your insurance broker and strata company Office of Secretary nedless to say include the strata manager (who must advise the Office of Secretary) . If the tree is on common property and causes damages to your lot the strata insurance may be liable to pay out.
Document, Document Document
It might even be with getting in a tree surgeon to verify that the tree is actually or potentially dangerous as you believe it is