Question: Our owners corporation insists our new bi-fold doors are painted the colour of the windows. Our neighbours have bi-fold doors that are not painted the colour of the windows. This seems unfair. Can we refuse to comply?
Answer: Uniformity and keeping with the appearance of the building is standard across strata. Therefore, the colour differential is unusual.
It is unclear whether bi-fold doors are original installations in your scheme or whether you and your neighbour have new installations, and, therefore we cannot determine what types of approvals you may or may not have required.
Generally speaking, uniformity and keeping with the appearance of the building is standard across strata. Therefore, the colour differential is unusual.
Check the type of approval you received (if any). This will likely determine the colour permitted and the by-laws applicable to your scheme.
You will need to seek legal advice on the consequences of refusing to comply because while the legal grounds for you being treated differently from your neighbour are unclear, the owners corporation may proceed to issue a notice to comply (which may attract fines) and potentially escalate the matter to NCAT.
This post appears in Strata News #671.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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