Question: I dug up a plant from common property a few years ago. The council chair claims the plant’s value was $5,000. If the matter goes to SAT, can I be fined?
I dug up a neglected plant from the common property a few years ago. At our recent AGM, the chair raised the issue and estimated the cost of buying, planting, and tending the plant to be about $5,000. They provided no evidence in support of the amount.
Can they take the matter to SAT for a penalty? What would the penalty range be for something like this?
I have apologised to the council in writing for digging up the plant, offering to replace and tend to it until it is mature, but I have not received a response.
Answer: Applying to SAT usually comes after other mediation measures.
The State Administrative Tribunal (SAT), if satisfied that a person has contravened a scheme by-law, may impose a penalty of up to $2,000, as outlined in section 58 of the Strata Titles (General) Regulations 2019. However, it’s important to note that applying to SAT usually comes after other mediation measures.
Typically, when a person breaches a by-law, a strata company’s first formal course of action is to issue a written breach notice. This notice is a crucial initial step in enforcing a by-law. It outlines the specific breach and prescribes a corrective action, e.g. returning or replacing the plant removed from the common area.
It’s also essential to understand that for SAT to consider imposing a penalty, the strata company must provide evidence of the breach and justify the penalty they seek. The $2,000 figure is the maximum for a single breach, and actual penalties can vary based on the specifics of the case.
Complying with the breach notice, such as replacing the dug-up plant, may resolve the issue without further escalation. Your proactive steps, including your written apology and offer to replace and care for the plant, demonstrate responsibility and could positively influence the strata company’s response and potentially SAT’s view of the situation.
Remember, each case is unique, and the process can vary. It’s always beneficial to consult a legal professional familiar with your specific scheme by-laws for personalised advice.
Melanie Duryea
B Strata
E: scott.bellerby@bstratawa.com.au
P: 08 9382 7700
In one of our Owners”exclusive use courtyard areas there is a large very overgrown tree ..the roots of which have caused pipe damage underground which Strata have paid for on several occassions …and also …it has caused a huge crack from top to bottom through the brickwall which is a shared wall between the exclusive use area and Common property carport..
In our scheme bylaw passed in 2001…it clearly states that all landscaping and gardening in exclusive use areas is the responsibility of the Owner.
The Owner is stating that the by law means “only the gardens” and not that tree…claiming it was planted in the exclusive use courtyard prior to the current by law dated 2001? They also refuse any responsibility for damage to the wall.
We have had several contractors our to look at the tree and wall …all stating clearly that the tree has caused the brick wall crack and it needs to be removed prior to any repairs on the wall
Can you advise if a large tree in an Owners exclusive use area…planted by them or not…and the damage it has caused….is their responsilibilty or does it fall under Strata to pay for the removal of the said tree… and is it the Owners responsibility to repair the damaged wall…or Strata…or a 50/ 50 split if the wall repair cost
Hi Glen
Please see the Q&A above:
Question: In a strata lot, who is responsible for removing or pruning trees causing damage to common property?
We have several large trees in our strata complex. The CoO wants to remove one. Can they make that decision, or are these trees shared property, which might suggest that a vote of all owners is needed?
Hi TK
We have just received this reply back from SVN Strata:
The Council of Owners is responsible for managing common property on behalf of all owners. Where a tree is on common property, the Council may arrange removal as part of routine maintenance — particularly if the tree is dead, dying, or poses a safety risk.
If the tree is healthy, the reason for removal becomes more important. In such cases, consulting with all owners is recommended to avoid disputes, especially where the reasons are aesthetic or relate to overhanging branches.
Cost is also a key factor, as tree removal can be expensive. Significant costs may require approval at an AGM or via circular resolution.
A practical approach is to obtain a quote from a qualified arborist and present this, along with the Council’s recommendation, to all owners. If the matter is not urgent, it can be included in the AGM budget for consideration.
Hannah Bor
SVN Strata
W: svnstrata.com.au
E: sm7@svn.com.au
T: 08 9427 7904
This information is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
If you are renting a property in WA who is responsible for gutters and trimming bushes back
Hi Linda
We suggest you speak to your property manager / landlord.
Thanks