This question about the removal of a tree on common property and who pays has been answered by Jan Browne, Bridge Strata.
Question: We have received a Notice of Decision, Tree Protection Act 2005 for the removal of a tree located on the common property of our unit title. Who is responsible for the cost?
I live in the ACT in an apartment complex. We have received a Notice of Decision, Tree Protection Act 2005 for the removal of a cypress tree located on the common property of our unit title. Can you please advise if the cost of the felling/removal of this tree falls is covered by the levies paid by the owners into the administration fund? Or would it be only paid by those lot owners impacted by the tree?
The tree is on the common property of the unit title and not specifically within a lot owners courtyard.
Can you please advise and provide any examples of where the body corporate as a whole has paid for the felling/removal of a tree on common property?
Answer: The owners corporation is responsible for managing the common property and enforcing its rules.
As the owners corporation holds the common property as agent for the unit owners, the law imposes an obligation on the owners corporation to maintain the common property and any other property it holds. This includes maintaining all common property grounds etc.
Would be up to the owners corporation to determine if the cost is paid out of admin or sinking but would normally be a budgeted item. If the Units Plan does not have enough money to pay for the works to be done then a special purpose levy would have to be raised and paid for by all owners.
And each manager would have examples of the owners corporation paying for tree removal as part and parcel of the obligations of the owners corporation to maintain and repair common property.
Jan Browne
Bridge Strata
E: [email protected]
P: 02 6109 7700
This post appears in Strata News #213.
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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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Does the Strata Manager of the Body Corporate need to notify the owners and residents that they intend to remove a tree on common property and give the reason(s)?
Or can they just decide on and organise the removal without advising the owners and residents of their intention?
We have had a 9 metre (approx) well established beautiful paperbark tree removed from the common property in our 27 unit complex. My guess is that this tree was planted when the complex was built. It was not storm damaged, dying or dead and it was not without 3 metres of any principal building wall causing obstruction which are some of reasons that a tree can be exempted from requiring approval with the City of Newcastle. Greenery has been removed as well as privacy and a place for birds and possums.
It just does not seem right in 2022 that it appears from the owners that I spoken to knew nothing about the removal. It just blows me away, when we know how important trees/green space is to our health and mood therefore the wellbeing of our mental health.
I truly would of thought that there would have been an obligation by the Strata Manager to notify the owners and residents to see what they thought about the important issue of the removal of such an established beautiful tree!
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Hi Frankie-Kate
This NSW article should assist: NSW: Q&A Strata Title Trees and Hedges – What Can & Can’t the OC do?
If it were within a lot owner’s courtyard, would the removal or any damages caused by a tree be at solely the lot owner’s expense?