Question: In a duplex, can I repaint my window trim to a complimentary colour without approval?
We are in a 2-lot strata scheme with the only common property being a driveway.
We have a clause that says the facade colours must remain consistent amongst both properties including fascia, guttering, window treatment etc. Our windows are currently cream and we would like to change them to black. This colour already exists on our roof and gutters.
Does this constitute a ‘consistent’ colour scheme, as no new colours are being introduced? Or would we still be required to pass a special resolution?
Answer: Discuss the colour option with the other owner in the strata scheme and come to an agreement that is minuted.
As part of my response I am assuming that the clause that you refer to is a Special by-law registered with your strata scheme specifying that colours must be consistent between both properties. Based on your comment regarding the driveway being the only common property I am also assuming that your Strata Plan is registered specifying each owner is responsible for the structure of their lots unlike a ‘normal’ strata plan. And so the windows are not common property and so you do not need approval to paint them.
In all of the different versions of the model by-laws in place there is a by-law regarding the appearance of lot an example of which is below from the Strata Schemes Management Regulation 2016, Schedule 2 Model by-laws for residential strata schemes. This dictates approval by the Owners Corporation for any changes to the appearance if not consistent with the rest of the building,
12 Appearance of lot
- 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 by-law does not apply to the hanging of any clothing, towel, bedding or other article of a similar type in accordance with by-law 14.
My interpretation based on the way you have worded your query is that colours must remain consistent between the two properties so that they continue to look similar and the appearance of the strata scheme is not impacted, which also complies with the requirement under the Appearance of lot by-law.
In my experience changes to colour choice and opinion on what is acceptable can be quite emotive and vary depending upon the individual. As such I would suggest the only way for this to be resolved without any further concern in an amicable way would be to discuss the colour option with the other owner in the strata scheme and come to an agreement that is minuted.
I have not been able to find any case history regarding paint colour changes (which does not mean that there isn’t any) but there was a Tribunal ruling in Queensland that considered the changing of colour an improvement and so required a Special Resolution to be passed.
This post appears in the July 2021 edition of The NSW Strata Magazine.
Robert Fothergill Strata Life E: Robert@thestratalife.com.au P: 02 9456 9917