› Forums › Common Property › Removal of trees on common property › Current Page
@dech said:
None, all he has done is sent a letter to someone, if the EC request removal it would be in the same category and both would provide some indication of the councils requirements which could then be considered by the OC. Alterations to common property require agreement by 75% of either owners or entitlements at a properly convened general meeting.
Must admit I think it is a bit of a stretch to consider removal of a tree requires a SR.
Here is what the act says
65A Owners corporation may make or authorise changes to common property
(1) For the purpose of improving or enhancing the common property, an owners corporation or an owner of a lot may take any of the following action, but only if a special resolution has first been passed at a general meeting of the owners corporation that specifically authorises the taking of the particular action proposed:
(a) add to the common property,
(b) alter the common property,
(c) erect a new structure on the common property.
Point is where do you draw the line, what about the removal of a bush, plant or even a weed, they all could be considered requireing a SR. I would just get an EC vote to remove the tree and let the chairman challange it if he is so inclined. I would not rate his chances IMHO.
Council approval is a different ball game.
