Qian Wang told the Civil Resolution Tribunal she and her daughter enjoy the little evergreen in front of their townhouse 'especially at Christmas' but the tribunal has ruled the strata can cut the tree down at will to protect a retaining wall from its roots.
Qian Wang, who owns a townhouse at Norfolk Terrace, told the province’s Civil Resolution Tribunal that she and her daughter enjoy the little evergreen, especially at Christmas, but her strata wants to cut it down because it was planted too close to a retaining wall and its roots will damage the common property, according to a tribunal ruling last week.
She also argued an arborist report she got found there was no reason to cut down the tree for at least five years, and she said she has told the strata she would take responsibility for damage caused by the tree’s roots. In its submissions, the strata also noted it had told Wang she could relocate the tree to a “very large planter offered by the strata” in “the same or a similar location,” according to the ruling, but Wang had rejected the offer.
Tribunal vice chair Garth Cambrey rejected that claim, ruling the strata was responsible for maintaining common property.
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