Flat Chat Forum Common Property Current Page

  • This topic has 7 replies, 4 voices, and was last updated 1 month ago by .
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  • #50886
    Avatarapartment_living
    Flatchatter
    Chat-starter

    We have a couple of people on the Strata Committee who presented a “Garden Plan” to the AGM a couple of years ago, before I moved in.

    This included removal of several extremely well established (tall) palm trees.

    It has gone onto them working every spare hour on re-landscaping the gardens – removing plants, replacing established plants with native plants, leaving large areas with just bare mulch.

    This did not go to a vote of all owners.

    Is this the correct way to proceed?

    Thanks in advance.

Viewing 6 replies - 1 through 6 (of 6 total)
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  • #50935
    scotlandxscotlandx
    Strataguru

    I suggest you and the other concerned owners write a letter to the Committee and the strata manager setting out your concerns, including what you believe is the improper removal of the palm trees from the common property.

    You should then state that any changes and work of this kind must be approved through the appropriate processes, which may include the approval of the owners in a general meeting. You request immediate confirmation that these processes will be followed and until this occurs any further work will cease.

    It is odd that they removed what sound like mature palm trees without any Council approval.

     

    #50923
    Avatarapartment_living
    Flatchatter
    Chat-starter

    Some residents are not happy with the garden design, and now the two owners who’ve been doing all the work (all of their own volition) have made comments about what they want to do with the front of our block. Three of the owners do not agree, and don’t want our front garden touched.

    #50922
    Avatarapartment_living
    Flatchatter
    Chat-starter

    It’s too late for the 35 year old palm trees worth thousands $$ – they have gone.

    #50915
    Sir HumphreySir Humphrey
    Strataguru

    Since the trees are tall, it is quite possible that they cannot be removed without council permission. Where I am (ACT) there is a tree protection act and any tree above a certain height is automatically a ‘regulated tree’ and permission is required to remove it. Legal penalties apply if one damages or removes a regulated tree without permission from our local government. The act specifies the criteria by which permission to remove can be given. The presumption is that large trees are protected and you have to make a convincing case for their removal. I would check to see if you have something similar where you are. One phone call should be enough.

    If the trees are on common property, then the owners corporation would have to approve their removal. Even if those who want to remove the trees were to apply for permission to remove them and received that permission, they would not be able to removed them. Only the land owner could do that. The land owner is the owners corporation, not any individual members of the owners corporation.

    #50910
    AvatarColonel Schultz
    Flatchatter

    It does sound like more than maintenance work is being undertaken and the correct procedures have not been followed. This should have gone to a vote by the sound of it.

    Our SC made a similar garden plan a while back but we did hold a SC meeting to cover off the work. It may have been pushing S.111 a tad but we got it done and saved a lot of money.

    What outcome are you looking for i.e. are you now wanting to stop the work?

    #50890
    Avatarapartment_living
    Flatchatter
    Chat-starter

    I should mention that I’m in NSW.

    Only Strata Committee members were given a copy of the 13 page “Garden Report/Plan”.

    • This reply was modified 1 month ago by .
Viewing 6 replies - 1 through 6 (of 6 total)
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Flat Chat Forum Common Property Current Page