Flat Chat Strata Forum Strata Committees Current Page

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  • #49330
    Fey Knows
    Flatchatter

      I don’t mean to be rude or insult anyone, but how can we get our slacko Strata Committee and Strata Manager to have trees trimmed at out Sydney unit block of 42?

      We got a new Strata Manager 2 years ago and the nucleus of the committee has been on board for the same time after an ugly coup. And hey, guess what! The trees, which had been been regularly trimmed once a year previously, haven’t been touched for nearly three now.

      There have been numerous requests in writing and undertakings made but nothing has happened. Now emails on the matter aren’t being responded to and calls not taken or returned.

      It’s become a problem with bush turkeys jumping on the roof three levels up! Spiders rampant from trees touching the building, and knocking from branches in the wind; summer breezes blocked and soon warm winter sun; pleasing vistas and district views (adding real estate value to our homes) taken.

      What’s to be done, please?

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    • #49362
      Sir Humphrey
      Strataguru

        Pressure could be applied by petitioning the committee. If a substantial fraction of the residents request it, it would be hard to ignore.

        Alternatively, you could put a motion to a general meeting by which the OC would resolve to maintain its common property trees by annual pruning. Make sure you give notice to get it on the agenda well before your next general meeting and have someone to second the motion. Provide a supporting statement to accompany the motion explaining that it used to be done annually and why that is necessary. Resist the temptation to include blatant criticisms of the current SC. It will be obvious enough that you are implying that they have been slack. If the OC resolves to do something, then the SC is compelled to act on that.

        You might want to include funding in your motion. Eg. Motion: That the owners corporation resolves to engage an arborist to undertake form pruning of the trees adjacent to the building on an annual basis to prevent them from contacting the building and to maintain views from and ventilation and light into the units, and that the proposed budget and levies for 2020-21 be increased by $X to fund this work.

        #49364
        Jimmy-T
        Keymaster

          Or you could alsways start Fair Trading proceedings under a Section 232.2 for failure to fulfil their duties.

          The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
          #49366
          Sir Humphrey
          Strataguru

            Or you could alsways start Fair Trading proceedings…

            If it is unequivocally a failure to maintain the common property, then yes. Branches contacting the building would be but the other aspects of the complaint perhaps not.

            Some owners might prefer to let the trees grow to provide more shade or privacy or whatever, while others might prefer form pruning to let in more light and retain a view. If it is a difference of preference about how to maintain, then a general meeting vote might be more appropriate to make that decision.

            #50021
            Huyton
            Flatchatter

              I think this question and answer(s) may also have solved my problem. I am in NSW and a small section of our common property is badly neglected and overgrown. Rats are present. The SC will not maintain it because they want it to be ‘natural bushland’, but it looks terrible; long uncut grass, fallen tree branches, weeds abound etc. I didĀ  a personal poll of all the other owners and 85% agree that they want it cleaned up. The balance of owners are yet to respond. I assume by this thread, that I can now go to the SC and ‘force’? them to do something about it?

              Thanks for your attendance to my issue. And thanks for the piggy back on this original question.

              Very grateful to you all.

              #50036
              kaindub
              Flatchatter

                Huyton

                just because you have a lot of owners in agreement with you, you don’t have a right to force the issue.

                If as you say you have a majority of owners on board with you, write to the secretary requesting an EGM. You need to have at least 25% of owners to sign this letter/email in order to call an EGM. If you request a motion by yourself, it will be placed on the agenda of the next general meeting, which is likely to be the next AGM.

                In your letter to the secretary, specify the exact wording of what you want eg trim x trees within 2 week so; have trees trimmed annually ; keep trees trimmed to x height/shape.

                You will need to be specific as the committee may just follow the literal motion you put.

                Remember that the committee represents the majority of owners. That’s how they got voted in. Make sure you do in fact have enough support from other owners, or you will just labelled a troublemaker, no matter that you may be right.

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