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My question relates to previous strata committee (2023)who have altered the common area by removing healthy trees and shrubs without general approval. Work order given by SM. No evidence of council approval to remove trees. No minutes taken during that year so it’s complete shock by an investor inspecting their property to discover this damage. Do current owners have any legal rights to address this lack of governance.? Appreciate comments thank you
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Strata committee members have a huge amount of leeway to make mistakes provided they do so in good faith. What “in good faith” means is open to debate and interpretation but if they were ever told they couldn’t or shouldn’t do something, then that might be considered lacking the good faith required.
As an owner, you could pursue the strata scheme and strata manager to reinstate the trees and shrubs, and the current regime might consider pursuing the former committee members to cover the cost. Or you could report your OC to the council and hope the trickle-down effect works on the miscreants.
But there is no direct method that I can think of that would see the plants reinstated and the people responsible forced to pay.
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I’m in Sydney, in an older block which has at least three large, mature shade trees at the front, but only one at the back, my side of the block. The former OC committee chair decided to have it cut down, as it was taking too much water from the pipes or some other excuse – none of the residents, both owners and tenants were told about it, and I only realised what was happening when I saw the chainsaws at work. I took the OC to NCAT (the Chair wouldn’t answer any questions and I also pointed out that she was breach of Ryde Council’s rules that trees chopped down must be replaced to similar height and species. It took NCAT to force the OC to replant, which unwillingly, they did. And I’m careful to keep both eyes open and water them – three were planted in the end- regularly.
Take the case to NCAT – it’s worth it. Oh, and I also realised that SM will follow directions from OCs without question even if they know it’s inappropriate or bordering on the illegal.