NSW Q&A: Removal of Trees in Common Airspace

Question: We (a unit block of 9) have seven original established palms growing out of a privately owned lot. A lot owner owners the trees to 2.4 m, but above 2.4m the palms are in common property airspace.

Do these existing trees, or trees that have been there 5 to 30 years before a Common Property airspace existed need to have a special by-law passed before they can be removed.

Answer: Assuming the tree is alive and in good health and you have Council permission (if required) to remove the tree, yes, in our view, you would require a special resolution because the removal of the tree would constitute a “change” or alteration to the common property and would “improve or enhance” it which is outside the owners corporation’s standard repair & maintenance function.

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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.