Questions: Who is responsible for deciding whether palm trees planted by the developer on common property should be removed due to perceived risk, and who pays for the removal?
A lot owner has a grassed courtyard designated common property for the lot owner’s exclusive use. The development’s original landscaping involved planting specific palm trees. Some residents in our complex view the palms as a ‘risk’. Who is liable for:
- assessing the risk/deciding that the palms must be removed, and
- the costs associated with the removal if deemed a risk?
Answer: It is best to refer to the CMS and consult with a solicitor to determine who is responsible.
Some of the risks posed by palm trees include:
- palm tree fronds encroaching on the building structure which can block gutters
- palm tree fronds could serve as a fuel source in the event of a fire emergency
- palm trees with fruits that fall to the ground may become a slip hazard and attract fruit bats
- large dying fronds falling to the ground could result in head impacts and injury.
Maintaining exclusive use courtyards is generally the responsibility of the owner/tenants. Still, it is best to refer to the CMS and consult with a solicitor to determine who is responsible. In some cases, trees may be protected and require council approval to undertake any work. In the past, where risks were evident, some body corporates paid the cost, sometimes the cost was shared, and sometimes, the owner paid.
Dean Potgieter
Seymour Consultants
E: dean@seymourconsultants.com.au
P: 07 5573 4011
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