This article discusses strata boundary tree maintenance responsibility and how boundaries and by-laws decide who manages the tree.
Question: If a scheme perimeter boundary also forms a lot boundary, and this boundary has a tree growing on it, is the body corporate or the lot owner responsible for the tree?
Answer: Ask your body corporate manager to do a review and advise their opinions.
If the boundary of the lot is body corporate responsibility and if the tree is part of that boundary, it is likely to be a body corporate responsibility.
However, you will need to check your documents carefully. See exactly where the boundary lines are and where the tree sits in relation to them. Is the tree definitely part of the boundary or has it grown into the boundary? If it is the latter, it could be argued that the tree is the owner’s responsibility.
Are there any by-laws that might govern the management? Are there any questions over who planted the tree and when? If the tree was planted by an owner, it could be an owner’s issue. You also need to consider who the fence is shared with. Does it border a neighbour or common property land, as this will affect who is responsible for payment?
The best starting point would be to ask your body corporate manager to do a review and advise their opinions. Send some photos to them and the committee so they can assess the situation. If the matter is controversial, you may need to seek the view of a strata solicitor for determination.
Otherwise please see the BCCM page for general info about trees and fences: Step-by-step guide to resolving tree and fence disputes.
This post appears in the July 2022 edition of The QLD Strata Magazine.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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