Strata Problems = Trees

So, has a resolution been passed to make it OC responsibility? If so, I would very quickly check if NSW has a provision like the ACT provisions for a ‘reduced quorum’ meeting. Here if the meeting was actually attended by fewer than 50% of owners (it sounds like your was) you can overturn the decision by a petition of 50% of owners within 28 days of the meeting. If it was discussed but not yet voted on, I would ask your chairman why he supported the proposal and put a motion on notice for the next general meeting to maintain the status quo with reasons given. 

Without being thoroughly familiar with the legal issues nonetheless the following would be considered if such an issue occurred in my strata debacle.

1.      The “very forceful chairman” could brusquely dismiss the question about his “reasoning” with – because it’s fair – while the only owner other than yourself who has turned up shows a slight waver in his bovine expression – which suggests agreement. (OC’s are more democratic than any other level of govt. and there is no rule I’m aware of that would not allow the tree owner to offer money, proxies or whatever as a success fee).

2.      The square metre or less of land in which the tree trunk resides could be made common property which of course would be inaccessible to other owners except by trespassing on the surrounding land.

3.      At least one council does not allow significant trimming of healthy trees overhanging footpaths or roads on safety grounds so in that case presumably the OC would be free from risk.

4.      I’d start politely but assertively seeking proxies or better reasonable owners who are seriously willing to be active participants (get the proxy first, tell them it become invalid if they attend as participants) – partly on the “what next” principle and with only 8 units a chairman with a couple of proxies/followers can take control.

5.    If it comes onto an agenda for a general meeting but is not clearly marked as a special resolution, do your best but knowing that if passed it should be rejected at the CTTT if someone is willing to pay $75/$150 for mediation /adjudication – but could be reversed if more than 25% of entitlements don’t vote against it later at a properly convened meeting.

6.  I’d also start reading the Act, it’s searchable so reading the sections around words such as common, meetings, properly, special should be relevant.

I know that in our townhouse complex, trees that are in private courtyards, not accessible to anyone else nor seen by anyone else that with trees, the OC is responsible for the airspace above the courtyards therefore is responsible for the part of any tree in the airspace (I think about 3 metres above the ground).  This is for the purpose of pruning/removing or trimming trees, overhanging branches etc.

 Here we have paid for the removal or tree branches over hanging another courtyard/roof or fence.  Any tree that needed removal, costs were split 50/50 with owner and OC (with council approval or course).

General maintenance of a tree in a private garden/courtyard I would think is the  responsibility of the owner.

Hello concerned,

You mention in your first post that it was ‘noted’ that the tree was the owners responsibility. It doesn’t sound like there a bylaw enacted to enforce this?

While you say the council has a record that the tree is the owners responsibility, that is probably more to do with the fact that the tree is registered with council (being 25m+) and has to be in the ground ‘somewhere’ on enclosed land rather than an OC bylaw transferring the responsibility to the lot owner: councils – particularly the department that looks after trees and tree preservation – generally are not concerned with that.

If there is no specific bylaw or absolutely specific clause in the sale document then really the absolute bulk of this tree is always going to be common property. The owner is responsible for everything from the ground up to about 3m; the remaining 22m with all the branches and limbs + the roots that extend everywhere else are the OC responsibility.