A lot owner from NSW is wondering if approval is needed to change the colour of their painted courtyard walls. Leanne Habib, Premium Strata provides the following response.
Question: I would like to change the colour of my painted courtyard walls. As the walls are impossible to see from the street, is approval from the body corporate required?
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I want to repaint my painted courtyard walls in new colours. I understand this is cosmetic and therefore does NOT require approval of the Owners Corporation. However, in 109 (5) of the Strata Scheme Management Act (2015) it says this is allowed providing it does not change the external appearance of my lot.
As the internal walls are impossible to see from the street, I assume I am fine to proceed without the approval of the Owners Corporation. Is this correct?
Answer: The standard “in keeping with the appearance of the building” by-law will likely apply to your scheme.
Generally speaking you are correct, however, there is another issue to consider too. The standard “in keeping with the appearance of the building” by-law will likely apply to your scheme. So, in addition to the works not being visible from the street, the painting should not be visible from the common property, or another lot. Therefore, you will need to determine whether the painting will be visible from anywhere outside your lot.
Typical wording of such a standard by-law is:
The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
This post appears in Strata News #171.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.