The owners corporation’s duty
Under the Strata Schemes Management Act 2015, the owners corporation manages and controls common property, and “must properly maintain and keep in a state of good and serviceable repair the common property”. Trees on common property are part of that. The duty includes keeping them safe: dead branches, trees over buildings, roots damaging drains.
A lot owner can recover reasonably foreseeable loss caused by the owners corporation’s breach of that duty.
Removing a tree
Pruning and dealing with dead or dangerous trees is generally treated as maintenance. Removing a healthy tree is usually an alteration to common property, which needs a special resolution that specifically authorises it.
Council approval applies to strata trees exactly as it does to houses. The owners corporation applies, and in the Sutherland Shire the application must include owners corporation consent (minutes or a letter from the strata manager).
Exclusive-use courtyards
An exclusive-use by-law can make a lot owner responsible for maintaining an area, but the area stays common property. Unless the by-law says so, removing a tree there is likely still an alteration needing the owners corporation’s approval.
Getting it done well
- One site-wide inspection gives the committee a prioritised list: what’s urgent, what can be scheduled, what can stay.
- Itemised quotes let the committee approve some trees now and others at the next meeting.
- A compliance pack (insurance certificates, SWMS, certifications) gets the contractor onto the approved list.
Disputes
NSW Fair Trading offers free strata mediation for disputes governed by strata law, before an application to NCAT.
We work for eight Sydney strata management companies. See strata tree services.