Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #9142

    Hi,

    I live in a unit complex of 7 units, all owner occupied. Four residents including myself want to have two trees removed from common property. 

    The chairman of our body corporate has taken it upon himself to apply to our local council for pruning only. The application was submitted without the knowledge or consent of the executive committee.

    What grounds if any do we have to challenge his actions?

Viewing 4 replies - 1 through 4 (of 4 total)
  • Author
    Replies
  • #20082
    scotlandx
    Strataguru

      Perhaps the easiest way of doing it is to convene an EC meeting, including on the agenda a proposal for seeking Council approval to have the trees removed. (you are on the EC aren’t you?)

      Then approve that resolution, noting that the Chair has been in correspondence with the Council without EC authority.

      You may also want to contact the Council and tell them that the Chair’s application was made without authority and has no effect.  Usually those sorts of things have to have the OC seal on them, although things can be a bit lax.

      In relation to removal of trees and getting Council approval, it is not an easy road, so good luck.

       

      #20137
      imported_dech
      Blocked

        “What grounds if any do we have to challenge his actions?” 

        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.

        #20139
        kiwipaul
        Flatchatter

          @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.

          #20147
          leif
          Flatchatter

            It is the question who decides if removing a current feature is improving or enhancing the common property the feature may have different impact on different lots a tree may not give a privacy or sound blocking of passing cars for all lots and some owners may even think a tree is an unwanted maintenance cost.

            Clearly any action other than maintenance must be under an owner’s resolution.

            In our council area trees over a given size requires council approval for all actions and maybe it is neglect in the first instance of the owner’s corporation in allowing the tree to grow to that size?

          Viewing 4 replies - 1 through 4 (of 4 total)
          • You must be logged in to reply to this topic.

          Flat Chat Strata Forum Common Property Current Page