This article is about removing or pruning trees in a WA strata scheme.
Table of Contents:
- 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?
- 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?
- 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?
- QUESTION: In a strata lot, who is responsible for removing or pruning trees causing damage to common property?
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
This post appears in the February 2024 edition of The WA Strata Magazine.
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
This post appears in the September 2023 edition of The WA Strata Magazine.
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 E: ldownie@realmark.com.au P: 08 9328 0999
This post appears in the October 2022 edition of The WA Strata Magazine.
Question: In a strata lot, who is responsible for removing or pruning trees causing damage to common property?
If trees in a garden/courtyard, that is for the sole use of one unit, and it has caused damage to common property retaining boundary walls, who is responsible for removing the trees?
Is it also possible to pass a by-law that prevents trees and intrusive plants from being planted too close to the wall once it’s fixed (after being paid for by all the strata owners)?
Answer: If the tree is situated within a ‘part-lot’ or ‘exclusive use’ area, then it is incumbent upon that lot owner to trim back or remove their tree if it is damaging common property.
Assuming that the tree is situated within a ‘part-lot’ or ‘exclusive use’ area of the strata plan, then it is incumbent upon that lot owner (or the owner to which the exclusive use has been granted) to trim back or remove their tree if it is damaging common property. That includes any part of the tree – i.e. roots, trunk and branches, and subject to any by-laws that may be registered on the Strata Plan in relation to maintenance.
With regards passing a by-law, legal advice would be required.
Andrew Chambers Chambers Franklyn Strata Management E: andrew@chambersfranklyn.com.au P: 08 9200 4200
This post appears in Strata News #573.
Have a question about removing or pruning trees in a WA strata scheme or something to add to the article? Leave a comment below.
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