Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #8613
    Dudley
    Flatchatter

      I live in a 4 townhouse strata plan. The townhouses are built like terrace houses, each townhouse has a front courtyard which opens directly on to a main road. Each townhouse has an individual street number. There are individual lock-up garages for each townhouse, which are accessed from  a common area entered via a rear lane.

      One townhouse owner, circa 15 years ago, planted trees in their front courtyard and over time the trees have grown quite large. The owner of this townhouse has moved and it is now rented out.

      One of the trees in the above townhouse recently fell over and its removal was arranged by the managing agent. It was reported that there were termites in the stump.

      The front courtyards are not used by or accessible to anyone except the residents or visitors of the individual townhouse.

      My question is,

      Who is responsible for the pest inspection and any required (if any) remedial work to eradicate termites?

      Isn’t it amazing that these things happen at Christmas!

      Dudley

    Viewing 3 replies - 1 through 3 (of 3 total)
    • Author
      Replies
    • #17452
      Whale
      Flatchatter

        This is a difficult situation, as even though an Owners Corporation (O/C) can, by Special Resolution, decide not to maintain items such as trees (now large) originally planted by Proprietors, that’s only possible so long as that decision “will not affect the safety of any building, structure or common property”.

        So whether the courtyards are Common Property or part of the Lots, the Strata Manager must have judged the tree to be a threat to a building/structure etc, and additionally as it would almost certainly been outside the stratum of the Lot (i.e. distances shown on the Title Plan above and below a fixed reference point such as the raft slab of the townhouse/s) its the O/C’s responsibility on that count also.

        That’s why the Strata Managers arranged for its removal, and that’s also why they should now arrange and pay for the pest inspection and for any termite treatment necessary.

        #17453
        Dudley
        Flatchatter
        Chat-starter

          Whale,

          Many thanks for your reply.

          Just to clarify one point.

          In my first post I said the removal of the tree was arranged by the managing agent, i.e. the agent who is managing the rental of the townhouse, not the strata manager of the strata plan. The removal was carried out at the request of the owner.

          The first time the strata manager was aware of the issue was as a result of a communication from the owners managing agent who was advised by the person who removed the tree that there were termites in the stump. The strata manager advised the EC of the issue only after the (townhouse with the tree) owner was in contact with another owner in the strata plan.

          I know it is now getting complicated.

          One last point – the tree reached circa 20 feet high before its removal.

          Regards,

          Dudley

          #17456
          Whale
          Flatchatter

            Sorry Dudley, what with almost 12 months of Agents, Strata Managing Agents, Property Managers, Strata Managers, Rental Agents, and Managing Agents please forgive me for being a little shell-shocked!

            So the tree’s been removed without the Owners Corporation (O/C) either being provided with prior advice of the problem or having the opportunity to obtain quotations for the work from properly qualified and insured contractors.

            I guess that’s fine from the perspectives that no consequential damage apparently occurred and that the Owner of the Lot most affected paid for the works (so far), but as the termites have the potential to cause Common Property and other damage in the wider area, I’d still recommend that the O/C attends to that problem – after all the Owner of the tree, who hasn’t bothered to mention the problem directly, will still pay a 25% share.

            Ask your Plan’s Strata Manager to arrange for the works as they’ll no doubt have a business relationship with pest control contractor/s that may be available at short notice.

            I’d also recommend that you ask your Plan’s Strata Manager to have a quick look at the Strata Plan (drawing) and check the upper limit of the stratum of the Lot, and also whether the front courtyard/s are part of the Lot or Common Property, because IF the Managing Agent now invoices the O/C for the works on the tree it would be nice for your O/C to know where it stands.

          Viewing 3 replies - 1 through 3 (of 3 total)
          • You must be logged in to reply to this topic.

          Flat Chat Strata Forum Common Property Current Page