Question: Does our by-law give the committee the authority to dictate the style of individual lots, even when the update doesn’t affect other residents?
I have a unit regulated under the Body Corporate and Community Management (Standard Module) Regulation 2020. There are 48 duplex or triplex lots. The units are basic bungalows with box gables, wooden picket fences and no outstanding architectural features or style.
Our ‘Appearance of Lots’ by-law includes:
- The occupier of a lot must not, without the body corporate’s written approval, make a change to the external appearance of the lot, including the building paintwork (see by law 12),
- The occupier must not, without the body corporate’s written approval:-
- display a sign, advertisement, placard, washing, bedding or any other cloth article if the article is visible from another lot or the common property or from outside the scheme land.
- erect any external blinds.
- make any structural alterations to a lot.
- install air conditioning units, spa/swimming pool pump and filter motors or any other potential noise creating equipment.
- The body corporate must not unreasonably refuse a request made pursuant to this by law.
By-law 12, referred to above, was assessed as unlawful in a preliminary by-law review.
I have requested permission to replace a broken down timber picket gate inside the boundary of my lot with a black metal gate. The committee argument that it does not fit the ‘heritage character, style and colour of the complex’. A request to have a grey shade professionally installed on the patio gable was met with the same response.
How can these requests impact the amenity of other owners? The committee knows that my next-door neighbour has given me written consent. No other unit occupier will see the changes.
Does the by-law authorise our committee to be the ‘style police’? I believe their approach is overreaching their authority.
Answer: The body corporate does have a legitimate role in ensuring uniformity of appearance
While I can appreciate what you are saying about wanting to make improvements to your lot, the body corporate has a legitimate role in ensuring uniformity of appearance. It could be argued that property values might be negatively impacted in a scheme without a uniform appearance. It is not a question of ‘style police’ or ‘dictating’ things’ – these are emotive terms that I suggest you avoid using.
That said, a body corporate is required to ‘act reasonably’ in its decision-making and should apply a reasonable lens to your request. You have mentioned several factors that could be taken into consideration by the committee when considering your request. If the committee has already declined your improvement request concerning the by-law you cite, you can potentially ask for a reconsideration. If that still fails, you could challenge the decision in the Commissioner’s Office.
You would need to demonstrate why the committee decision was unreasonable. Focus on ensuring your specific situation has as much objective information as possible to satisfy the by-law requirements. The committee’s use of the term ‘heritage’ is interesting. Does that mean your scheme has some kind of heritage ‘feel’? If so, you might want to focus on how to satisfy the committee’s concerns on this point.
This is general information only and not legal advice.
This post appears in Strata News #718.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898