- This topic has 5 replies, 4 voices, and was last updated 10 years, 4 months ago by .
-
Topic
-
I live in WA part of a set of Townhouses
There is a large Gum Tree in the Common Area that is close to the fence that boarders our property. The tree has quite a bit of over hang over our home.
I am getting quotes to have our other trees trimmed and want to included this to get done. I am 100% happy to pay for the cost. I can not see in the WA Strata By-Laws that would dis-allow me doing this. I do not want it completely chopped down, just trimmed.
I have emailed and called our manager without luck for over a month. I want to get this done, but I do not want to break any laws in the process. Getting it down through the Strata and costs and the possibility of raising a special levy will take months.
Thanks
-
Replies
-
Hi Missy, are there any potential OHS, property or personal injury issues for the OC if they delay or deny approval?
I have seen a case where an owner put to the OC that if they deny or delay approval and the subject tree causes injury or property loss the OC could be liable.
This particular case involved trees hanging over an access route to one unit. After it was pointed out to the OC that if someone using the access was injured they they might be liable, the OC was quick to approve trimming.
Any tree that overhangs your lot you are perfectly entitled to remove the offending branches without obtaining any permission from the Strata.
Just make sure that it not got a preservation order on it because that would take precedence and prevent anyone trimming it unless it’s dangerous.
An arborist could give you a quote for the work and could also advise whether the tree would be a ‘regulated tree’ or whatever the WA equivalent term would be. If it is regulated you might need permission to undertake a ‘tree damaging activity’ and again, an arborist could advise whether the pruning would amount to that or not.
Does the OC have a lot of trees? If so, I would have expected it would have some established practice for them such as a preferred tree surgeon and a line in the budget for their management.
This is the only major tree within the common area, I have 2 large trees in my yard which I maintain. Other units have their own trees (in my years here never seen any of them trimmed).
I have always taken the position that if something is on my property then it is mine to maintain at my cost.
I have finally got a reply from the Strata Management saying simply Thanks for the update. Nothing about whether I can legally do this or not.
The strata is run with the units just paying the bare minimum and raising special levies to fix large items. This is never good when something breaks down and insurance does not cover it. The tree was trimmed by order of western power (about 3 years ago) as it was close to interfering with power lines, but that is the only time I have seen/heard any of the trees trimmed/maintained.
Looking through all the book work about 1 1/2 years ago there was not mention ever of the trees being trimmed or any contact details for a tree trimmer.
At this stage I am taking the position that unless I can find a preservation order or my strata has special by-laws preventing unit holders personally maintaining the common area then I will go ahead. I assume the very brief and vague response from my strata manager indicates that they are happy for me to go ahead (and pay for it)
Thanks for the help
- You must be logged in to reply to this topic.