#13842
imported_dech
Blocked

        My understanding is that (common though it may be) the OC cannot abrogate it’s responsibilities (to the EC) with regard to altering common property under any circumstances; this includes removal of a “weed”. 

    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 .

    If someone is willing to pay $75 you could get an interim order from the CTTT to stop the alteration – this is one of their standard forms – quoting the above to the sec. may have the desired effect.

       The removal of a weed would be regarded as maintenance by most EC’s but presumably the reason for the legal standard is that if someone removes say a rose garden in it’s dormant period and claims they were weeds there would be some grounds for legal action i.e. a weed is loosely defined.  In this case the mango tree is, in effect, being defined as a weed and like any weed there may be no record of it’s provenance but unless it has arisen from a crack in a concrete walkway then it is common property and apparently valued by at least one owner.  You could also suggest to the Strata Mgr. – if any – that if they arrange payment for it’s removal then section 30 of the Act may apply.