Question: The fronds of a large palm tree bang on my roof and gutters, waking me at night and potentially damaging the building. I’ve requested the tree be removed, but nothing has been done. What do I do now?
We live in a small, 6 lot strata. There is a large palm tree located on the common property extremely close to my lot. The fronds bang on my roof and gutters, waking me at night and potentially damaging the building.
A building inspector recommended the palm tree be removed as there is a potential for damage to the structure. The vote was 4 to 2 against removal. I pointed out the potential for future costs for strata if the tree damages my property.
At the meeting over 6 months ago, I asked for an independent tree surgeon’s report be carried out. This was agreed to but nothing has been done.
What can I do to get the tree removed?
Answer: It would be reasonable to expect that a palm tree situated on common property is kept maintained to a level sufficient enough to prevent damage to your lot.
My response is based on the information provided from which I make the following assumptions:
- That the palm tree in question is on common property for which no grant of exclusivity has been provided.
- The boundaries of the parts of lots that are building’s are the external surfaces making the gutters and roof part of the lot.
A strata company has a responsibility to maintain the common property as well as to manage the common property for the benefit of all lot proprietors (section 91 of STA1985). It would be reasonable for you as an owner to expect that a palm tree situated on common property is kept maintained to a level sufficient enough to prevent damage to your lot.
If the palm tree is banging on the building, it is very probable that it has the potential to cause damage. You mention the vote on removal of the palm. Have you asked the Strata Company to consider pruning the palm away from the building line? It is my recommendation that you do so in writing outlining the reason why you’re requesting this. If the Strata Company refuses, you may wish to seek advice from a Strata Title Lawyer who can advise you on the methods available to you to resolve a Strata Title dispute, such as an application via the State Administrative Tribunal. I always recommend taking all reasonable steps to reach a resolution prior to doing this.
You mentioned the vote on the palms removal which took place on the back of a building inspector’s recommendation. It is hard to provide comment on this without knowing the qualification of the inspector who provided the recommendation, the basis of providing the recommendation and the likely or potential damage that could be caused. For example – if the inspector’s recommendation was based on the supported opinion that the palm was causing damage to the foundations of the building then it would be reasonable to expect the strata company to act. If the inspectors recommendation was that the palm could fall over and land on the building for no other reason than it can happen (a risk that exists with all trees) then it would be reasonable risk for the Strata Company to take.
Additionally, I always believe that in such matters it is always good to have more than one professional opinion.
Luke Downie Realmark Strata E: strataperth@gmail.com P: 08 9328 0999