Question: Does a strata company have a duty to manage Marri trees causing injuries on common property, even where a Tree Preservation Zone limits what they can do?
Our estate is a large single-storey survey strata with no direct employees. It is located in a Shire Tree Preservation Zone. Marri trees on the estate’s common property drop lots of honky nuts. Several people have fallen and sustained injuries.
Is the strata company required to provide a safe environment for contractors, volunteers, residents and visitors?
Answer: A strata company has an obligation to take reasonable steps to manage known hazards on common property, and where injuries have already occurred, proactive management and documentation are essential.
Yes, a strata company in Western Australia has obligations to take reasonable steps to provide a safe environment for owners, occupiers, contractors, volunteers and visitors when they are on common property.
Under section 91(1)(b) and (c) of the Strata Titles Act 1985 (the Act) (WA), a strata company must:
- “control and manage the common property for the benefit of all the owners of lots”; and
- “keep in good and serviceable repair, properly maintain and, if necessary, renew and replace” the common property.
While the Act does not specifically impose workplace safety obligations on a residential strata scheme with no employees, a strata company still owes a general duty of care under common law principles and may also have obligations under the Occupiers’ Liability Act 1985 (WA).
In this situation, where Marri trees on common property are regularly dropping honky nuts and there have already been injuries from slips or falls, the strata company should treat this as a foreseeable hazard. Once a risk is known or reasonably foreseeable, it is important that the strata company can demonstrate it has taken reasonable and proactive steps to manage that risk.
Importantly, “reasonable steps” does not necessarily mean removing the trees, particularly where the estate is located within a Shire Tree Preservation Zone. Local government restrictions may limit pruning or removal without approval. However, these restrictions do not relieve the strata company of its responsibility to actively manage known hazards on common property.
Practical measures the strata company could consider include:
- increasing the frequency of common property cleaning or grounds maintenance during peak shedding periods;
- engaging a qualified arborist to inspect the trees and provide written recommendations;
- obtaining advice or approval from the local Shire regarding permissible pruning or maintenance works within the Tree Preservation Zone;
- installing warning signage in higher-risk areas;
- reviewing pedestrian pathways and lighting to minimise slip or trip risks;
- documenting all incidents, inspections and maintenance undertaken; and
- notifying the strata insurer if there is an ongoing or recurring hazard that may give rise to claims.
The key consideration is often not whether the strata company can completely eliminate the risk, but whether it can demonstrate it acted reasonably once aware of the issue.
I also recommend that the council of owners obtain professional arborist advice in writing and retain records of all reports, contractor recommendations and correspondence with the local authority. Demonstrating due diligence and a documented maintenance approach may assist the strata company should any future liability claim arise.
Where injuries have already occurred, or where the risk is considered significant, the strata company should also consider obtaining independent legal advice specific to the scheme and circumstances.
This post appears in the June 2026 edition of The WA Strata Magazine.
Amy McCaffrey
Cygnet West
E: Amy.McCaffrey@cygnetwest.com
P: 08 6375 0020
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