Prevent tree falling despite a majority decision? (somewhat complicated)?
Hello everyone,
In the WEG where we live there is a large pine tree that is now to be felled.
Although the house directly affected has spoken out against it.
However, there are many old people who don't care about anything anyway, and then there are extremely opinionated people who only take pleasure in the tree being cut down out of malicious joy.
For them, taking care of the hallway and where their shoes are kept is more important than a huge tree that provides shade and gives many animals a home.
The problem is that the first objection was apparently not made in a timely manner and the resolution is probably legally binding, but the property management has nevertheless put it back on the agenda for a vote.
When the item on the agenda came up, the nasty, opinionated owners got upset, saying that a decision is a decision and that you can't always vote on everything three times. I only agree with that when it comes to unimportant things like a lawn edge, but here we're talking about a huge tree which is also important and was one of the reasons we bought the apartment because the park-like atmosphere was advertised to us. I think it's very important to keep a tree like this, especially since it doesn't directly affect the other owners because they don't have to do any work or cause any damage because of the tree. On the contrary, everyone has to pay for it to be cut down, and just using communal property as a reason is just stupid, and then arguments come up like the tree isn't pretty, the tree doesn't serve any purpose, and other such witty comments.
Maybe someone can help me find someone who is familiar with situations like this or people who can possibly assess whether the tree can be protected for the animals or insects that live in it.
Of course, if the tree is damaged in some way and is going to die anyway, then things will look different, but that's not something that I or my housemates can judge.
I don't think an expert makes sense as long as there is no prospect of success.
Maybe there is someone who is familiar with the topic and could possibly help with their expertise.
I am grateful for help, suggestions and tips.
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Hello Diamondtree,
I'm afraid you're not clear about the legal status of a member of a condominium association with regard to shared property.
It's always desirable for the condominium association to make decisions unanimously (or close to unanimously). This ensures peace within the association, as people constantly interact with each other, and persistent arguments or personal animosities are of no use. It may also be necessary to repeatedly discuss and, if necessary, vote on an issue. But voting repeatedly until the desired result is reached isn't acceptable either.
If a resolution has been passed, any owner can legally compel (!) the administrator to implement the legally binding resolution. Unless something new is passed in the meantime.
But it should also be clear that in a democratic vote, where everyone can present their arguments, even the losing party will abide by the vote. That's how democracy works, that's how a PATH works.
Your arguments may be absolutely convincing to you, but apparently not to others. If you have a problem with that, then you're in the wrong place in a condominium.
And if someone doesn't even manage to file an objection within the deadline, then they have absolutely not understood the rules of the game.
It's vegetation protection period anyway, and the tree can't be felled before September 30th. Until then, you'll just have to try to find a majority for your position in the homeowners' association. Perhaps even with a circular resolution if there are no more meetings scheduled.
Good luck!
Karliemeinname
This is the reason why I never want to own an apartment.
I have my own house on my own land and can therefore make my own decisions.
Once the decision has been made, you could only do something if the area has a tree protection ordinance. Check whether there is such a thing in the area.
Large trees in the city could be significant, ask the municipality, if necessary they may not be cut down unless there is imminent danger.
Otherwise: your garden, your tree. Another garden, another tree. In residential complexes, planting trees of this kind, even in your own garden, requires a report and application. You can always cut them down, as long as yours is still there. Except for nature conservation reasons, in which case the city will tell you what you can (or can't) do, or what you must do in the event of danger.
Community gardens, community decisions, and if you're in the minority, you're out of luck. After all, something should be fixed?
Thanks for the reply. We'll discuss or vote on replacement planting next year, whatever it looks like.
We are aware that we are in the minority and of its consequences and function, but this is a decision born out of disinterest and schadenfreude and I would simply like to try to do something about it.
Since our house considers this tree to be important and especially in today's times, such a topic should not be simply dismissed.
I doubt it's schadenfreude. Some will mind the extra work, and for some, it might be too much shade. But schadenfreude? That would only happen if the people in your building who want the tree had already really messed things up for the others a few times, and now those others are happy to be bothered. If that's the case, congratulations! The neighborhood is ruined. After decades, you won't even know who started it.
But I'm more likely to assume there are solid reasons why one person is one way, the others are another. Therefore, if possible, have your own garden. So you can decide for yourself what grows. What you're describing is the reason why I'd rather have a tiresome commute than live in the city.
By the way: between March and October (or November?), tree felling without a valid reason is generally prohibited to protect nesting birds. And in most cities, you generally need a permit from the nature conservation authority if you want to fell a large tree in an urban area.
No one has any extra work, since everything is maintained by one company. The others don't have too much shade or anything like that, it only affects our house.
The only costs for others are if the tree is felled.
We haven't had any trouble or anything, it's only the second year since we bought our apartment.
It's more the way in which everything is carried out: the property management goes through all the points in a constant barrage of yes, no, included, done, quick, quick. The points are neither spoken about nor discussed, nor are the pros and cons weighed up.
There were some who wanted to discuss it again or vote, and they did speak up, but were shouted down by two very demanding parties, whereupon the property management simply stopped and moved on to the agenda items. Some of the very elderly owners don't get a chance to speak at all, or they're afraid they'll be torn to pieces by certain parties, or they can no longer follow such discussions at all.
If there had been a reasonable, objective discussion or roundtable about it, everything would have been fine in the end, but it all happened so quickly and chaotically—I've never experienced anything like it before. In the end, I just want to have tried everything, but if the decision stands still, then unfortunately that's the way it is.
I'll check with the suggested agencies, NABU etc., and then see what's still possible or not.
In any case, thank you very much for the answers. VG
Ask your local nature conservation group. They can probably help you.
Unfortunately, there are idiots who think something is useless just because THEY don't benefit from it. What about the other neighbors, the animals, and the tree that's also alive?
At least you're thinking about the tree. That's something to be commended for!
Greetings, 🦉
Unfortunately, I don't have any tips – other than contacting the responsible nature conservation authorities – but I sincerely hope that the tree stays standing.
Check to see if there is a tree protection ordinance in your area.
Point out the cooling effect and the coming hot summers.
Get some rare beetles and place them in the tree. Then take some photos and inform the conservation authority.
It will then not be possible to legally cut down the tree for the next few years.
Maybe the Nature Conservation Association can help you!