Strata refuses to trim the trees in the common property!

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  mr fox on 29/10/2015 - 18:11

  -4

  Ringbark them.

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  Steptoe on 29/10/2015 - 18:15

  have no idea exactly who is

  Should be in correspondence from Strata. Else ask the Strata Manager.

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  airzone on 29/10/2015 - 18:32

  +1

  Welcome to strata life. Unfortunately unless you can show that the committee is being negligent in it's duty of care in respect to the trees, they will stay there. After all, strata always have more pressing concerns for their funds.

  The only real thing you can do (short of poisoning the trees, which will obviously point back to you) is become a EC member and represent your own interests.

  • 

    Hermestri on 29/10/2015 - 18:39

    -1

    Him, I thought tmem trimming my neighbours trees set a precedent? How do I become EC member? Don't think I can get enough votes since out of dozen owners only two come to general meetings and rest select one of them as proxy.

    This is really disappointing since we pay $700 in strata fees and for what..

    By the way, we are thinking about getting solar panels on our roof, can they refuse that as well?

    • 

      airzone on 29/10/2015 - 20:17

      +3

      The circumstances may have been different.. Maybe they were becoming dangerous, or maybe the strata had extra money. Maybe the EC like the other owner better.. All sorts of silly things dictate why the EC may do something or not.

      Yes they can refuse permission to add solar panels.. Any original wiring in the walls is strata property, and the roof is strata property too.. Basically as an owner, you own the paint on the inside of the walls, and a share of the scheme as a whole (how much depends on your voting allocations). In my last place, a previous owner installed ducted air-con, and during my ownership the EC found out about it… But since I was friends with the chairman, I was able to talk them into granting an exclusive use by-law to allow me to use the space above the ceiling where the air-con was.

    • 

      Sweetnsour on 30/10/2015 - 09:14

      When you join the EC you will find out where your $700 is being used.

      • 

        Hoju on 30/10/2015 - 09:18

        All owners should get a half yearly or annual statement of account that shows a breakdown of where the costs are going.
        Couldn't believe how much of ours was going towards just vacuuming the carpets of common property once a week.

• 

  aggregate on 29/10/2015 - 19:19

  The strata executive committee has to represent the owners interest collectively. This means the decision may not be in the interest interest of an individual owner.

  In the response given, this may suggest that some time down the tracks additional expenses will be required to fix up the interference with driveway.

  You could raise this again as an agenda in future meetings. But you should make a case that the benefit (hopefully not just to you) outweighs the cost. Perhaps you could argue that the tall tree may become a public liability issue or the tree lowers the property value for many owners.

  As with the solar panel: you need approval from the strata. It modifies the physical appearance of the property, which does not belong to you.

  • 

    Hermestri on 29/10/2015 - 19:32

    Thanks for the reply.. Hm.. I will see if I can think of something.. Could I perhaps claim that the trees so close to the property raise the likelihood of a termite infestation(since the complex and my villa did have some termite issues in the past)? Or may be claim that not getting enough sunlight in rooms leads to humidity and damage to the walls?

    In regards to solar panels, we are in cul de sac location with no visibility from the main road and the roofs are not easily visible too.

    • 

      aggregate on 29/10/2015 - 19:38

      You should go speak with the committee member first to figure out how many people were against the proposal. If everyone on the committee were against this, the. You are probably better off offering to pay to have the tree trimmed.

      Re solar, Aesthetics don't work like that. It may, for example, ruin the symmetry of the property. Or maybe once you have installed the solar panel, other residents won't have enough space to install panels (the roof space is always smaller than the floor space in a multi storey building). In the end, you only own the interior space of the building and the exterior building belongs to the strata.

    • 

      aggregate on 29/10/2015 - 19:40

      Also, I've been assuming you actually own the unit. You are not renting are you? You will have even less chance getting the tree trimmed as a renter. Basically zero chance to get the solar panel installed.

      • 

        Hermestri on 29/10/2015 - 20:26

        Yes I do own it, and it is a separate villa - I have no common walls anywhere except a little portion on my garage attaches to the neighbours garage. So the roofs are fully separate. Thanks :)

    • 

      airzone on 29/10/2015 - 20:25

      What happens if the roof leaks after the panels are installed? Or if they are installed in such a way that a wind gust could pull them up and damage another's townhouse. Or if the electrical work causes a fire? Or the installer parks in someone else's space?

      Maybe the EC are just pricks because they have shares in a coal mine.

      Or maybe they will allow a framework whereby all owners can take advantage of and install panels from a single installer, and take advantage of volume rates.

      You need permission, but if do it right and you'll generally get what you want. Knowing your owner neighbours and playing politics helps.

    • 

      rickxs on 08/11/2015 - 10:10

      what about damage in a strong wind/storm your life & family could be at risk-as well as enjoyment of life by living in shade 24/7
      are they gums ? which drop limbs randomly
      good luck Herm

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  isthisreally_me on 29/10/2015 - 19:23

  y the way, we are thinking about getting solar panels on our roof, can they refuse that as well? — Yes they could

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  ilsan0 on 29/10/2015 - 19:41

  I used to have the same problems.
  I came on the committee and had a vote.

  this pretty much solved all my issues.

  • 

    Hermestri on 29/10/2015 - 20:27

    Can I ask how did you get yourself elected?

    • 

      robbyjones on 29/10/2015 - 21:03

      Unless there is a resignation on the committee then you will have to wait until the AGM when all committee members must stand down and stand for re-election if they wish. For AGM's to count there must be a quorom of owners or their representative, which is generally half plus one. If you are the owner then you should have been advised of all AGM's and receive minutes. You can ask for a copy of the constitution and by-laws of the strata which outlines the process for everything.

      To join the strata committee for selfish reasons is the wrong reason to stand, in my opinion. As an owner you can attend any committee meeting, although you have no voice, but it will give you an understanding of how they are run. If you feel that the committee is not acting in the best interests of all owners then you can address that.

      Refusing to trim your trees seems a little petty to me, unless it is a cost issue and they don't want, or can't afford, to spend the money and the driveway reason is just an excuse. You have the right to ask what their findings are based on; are they botanists or structural engineers or have they consulted any or are they just arbitrarily making decisions based on what they think?

      I haven't looked but I am sure you would be able to find a lot of information online. Good luck.

    • 

      ilsan0 on 30/10/2015 - 07:53

      Yes, you have to wait till AGM and put your name forward. Till then make friends in the building.

  • 

    cvas on 30/10/2015 - 02:51

    on their face?

• 

  symo on 29/10/2015 - 21:53

  +2

  If the trees Do Not Represent any hazard or Pose Any Danger, EC is not obliged to spend Owners funds on trimming the trees.

  Conversely, if trees Pose hazard / Danger and EC fails to take action to remedy situation, you can make an application to local Council and they will send an inspector to check the trees.

• 

  MITM on 30/10/2015 - 00:01

  +1

  The gardens upkeep will be maintained by a contractor who is paid by the strata BC on a regular basis.

  So next time you see him on a stinking hot sunny day, speak to the contractor about your "concern" (and at the same time pass a cold carton into his wheelbarrow) and ask him to suggest to the strata BC that the trees have reached a stage where trimming would be advisable in case the limbs break in a windstorm and cause damage to nearby villas including (ahem) yours.
  After you have pointed out your "concern", you could hint he now has a duty of care to inform the BC. Once the BC has been informed, they would be negligent not to act on his recommendation and professional advice.

  Then at the following BC meeting, you could ask if there has been any recommendations from the contractors to trim the trees and what steps the BC is taking to heed this advice. If the reply is to do nothing, you could ask from what advice was THAT decision made. All this is recorded in the minutes, which can be referred to.

  There's more than one way to skin a cat ;-)

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  MITM on 30/10/2015 - 00:23

  You are entitled to join the committee. Inform the BC that you would like to be on the BC before the next AGM.
  The BC is administered by a commercial business which runs the accounts and communication between the owners via the Body Corporate.
  They are paid by the Body Corporate. The Body Corporate is made up of committee members - usually owners, but most owners are passive or apathetic.
  So the administrators often fill/take positions on the BC. There is never a full BC of owners.

  So, Owner (or tenant) asks the BC to fix a broken window. BC rings a committee member or two to ask what to do and at the same time usually suggests an action i.e. call/employ a glazier.
  Another owner asks the BC to trim the trees. BC rings a committee member or two, what to do ? BC suggests it's a good ideal, but one (P.I.T.A.) committee member replies, forget it - it's not imperative, reply with …. "the trees will grow sideways"
  Get on the committee and you'll get called by the BC because you are active and make decisions which is what the BC need to operate.

• 

  DarkOz on 30/10/2015 - 06:53

  Strata life sucks when you have bad neighbours or neighbours you don't befriend. They get free upgrades out of your pockets.

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  Hoju on 30/10/2015 - 08:16

  Honestly, having lived in strata for ten years and been on and off the EC, these decisions aren't worth fighting over. If it were me, i'd just do it yourself, don't ask permission.

  Having said that different buildings have different dynamics. Our ec is a bunch of old folk that don't want to spend a penny to do anything but at the same time won't object much if something is done that doesn't cost them anything.

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  WT on 30/10/2015 - 12:09

  Joining the committee for your own agenda isnt required and is a waste of everyones time. Including your own.

  Just speak with strata or other members to find out when the next EC meeting is and tag along to explain it in detail. e.g if its a tree that can grow huge and cost more in the long run, or block and rust out drains requiring new gutters etc.

  Saying something like "we want it cut cos it blocks sun" isnt going to bode well when money can be better spent elsewhere. The EC meeting would have gone like this, you bought it with those trees there, we are not paying $500+ just so you can have some sun where we need to spend the money elsewhere.

  So, like others have sorta said, get more involved in your community and take an interest in the complex as a whole, not just your own lot and you will probably find yourself on the committee anyway

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  [Deactivated] on 30/10/2015 - 17:41

  There is a bit of nonsense being thrown at you here, so please don't assume that everyone knows what they are talking about.
  I have been on Body Corp Committees for some time and we have never had non-owners on them.
  We have not refused applications for solar panels because they are covered by specific energy-saving legislation which means they must be approved unless there is good reason not to.
  Applications are more successful if you go to the committee directly, not via the Strata manager. They will most likely live in your complex and will be more sympathetic.
  If you want to appeal a refusal you do not go to Fair Trading, you go to the Commissioner for Body Corporate and Community Management, who will issue an Adjudicator's order.
  I have only known one resident go that far and it was refused, mainly because he was trying to overthrow a by-law.
  From my experience, if you ask nicely and get the committee on your side they will probably agree.