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