Stumped BC homeowner and strata take fight over a tree to court
A dispute about a tree in front of a strata lot put a homeowner and strata corporation against each other in a BC Civil Resolution Tribunal hearing.
Essentially, the BC homeowner was upset that the strata was planning to remove a tree that a previous owner had planted in front of her lot.
Qian Wang claimed there was no need to remove the small dwarf blue spruce tree from common property, while the strata suggested a valid reason; that its roots would damage common property if left alone.
- You might also like:
- Pew pew: Woman takes BC laser tag spot to court over pizza, poor service
- "No visitors after 10": Vancouver renter evicted after less than a month sues landlord
- Metro Vancouver furniture store sued for refusing refund just days after order
The strata suggested that the arborists it uses to maintain trees on its common property said that the spruce was planted too close to a retaining wall and that those roots would eventually damage a nearby retaining wall.
On the other hand, Wang claimed that the strata did not receive advice from the arborist before planning to remove the spruce. Wang also claimed that based on advice she received from an arborist, there was no need for the strata to remove the tree for at least five years.
Evidence from the arborists suggests Wang’s claim was true.
At a council meeting, the strata outlined its plan to remove the blue spruce. The owner objected to the removal because “she and her daughter enjoyed the tree, especially at Christmas.”
Wang offered her arborist report and offered to take responsibility for any damage caused by the tree’s roots.
The strata offered a compromise for Wang. It said the owner could relocate the dwarf blue spruce to a pot and put the potted tree in a similar location. Because Wang didn’t address the offer, the tribunal declared that the owner rejected it.
Sadly for Wang and her daughter, the tribunal dismissed her claims.
She was also asked to cover a partial amount of the arborist costs, for a total of $273.81, which included tribunal fees.