Question: My backyard has a 25 meter high tree. Local Council have issued me with a notice to remove the tree. Is this my or strata’s responsibility?
I live in a unit in a 4 lot strata. A tree in my backyard is 25 metres high. It requires pruning. The leaves above 15 metres are dead.
I received a notice from the Local Council to remove the tree.
The strata plan states: the stratum of part lot extends from 5 metres and 15 metres of the upper surface of the lowest floor level of the building on each respective lot.
Is it my or the strata’s responsibility to remove the tree?
Answer: It may be best to half the cost of the tree’s removal with the strata company as the Local Council can issue fines for noncompliance with their work order.
The portion of the tree that extends above the 15 metres height limit is in common property air space. Such a tree growing to that height appears to be unsuitable for the area.
The tree may be causing concern to your neighbours and strata owners. You must acknowledge that if the tree is dead or dying, it must be removed to avoid property damage to yourself and others. There is also the public liability aspect, which may impact the strata insurance policy.
It may be best to half the cost of the tree’s removal with the strata company as the Local Council can issue fines for noncompliance with their work order.
Shane White Strata Title Consult E: shane.white@stratatitleconsult.com.au