Granger v Owners Corporation SP 18494

The matter before the Supreme Court of Victoria involved a dispute between the owners of a unit and the owners corporation of a strata titled property. The applicant, Granger, sought orders that a tree on the common property of the strata scheme be removed, alleging that it was hazardous and posed a risk to the safety of the residents. The respondents, the owners corporation and the other unit owners, opposed the application on the grounds that the tree was not hazardous and that its removal would be detrimental to the aesthetic appeal and environmental benefits of the property.

The central legal issues were whether the tree constituted a hazard under the relevant strata legislation, and if so, whether the owners corporation had a duty to remove it. The court needed to determine the extent of the owners corporation's obligations under the Strata Titles Act 1985 (Vic) in relation to the maintenance and safety of common property, and whether the applicant's safety concerns were sufficient to justify the removal of the tree.

The court held that the tree did indeed pose a hazard, as evidenced by the reports of the arborist and the structural engineer, which demonstrated that the tree's roots were undermining the stability of an adjacent retaining wall and that there was a risk of the tree falling. The court emphasised the paramount importance of safety in strata schemes and found that the owners corporation had a duty to address the hazard. The court ordered that the tree be removed and that the owners corporation rectify the damage caused by the tree's roots to the retaining wall.