This article discusses unapproved exterior painting in strata, explaining what an owners corporation can do when a lot owner repaints without consent and how enforcement may work.
I am a lot owner and occupier in a small self-managed Owners Corporation of 4 villas. 3 villas are owner-occupied.
We have 1 rogue owner who does what they want without any discussion. They have recently painted the exterior of their unit without approval. The wall is highly visible from the exterior of the property.
Is this acceptable? Does an exterior wall have to border common property for the lot owner to require approval for repainting? This unit now stands out from the others.
As the painting is now complete, can they be ordered to strip the walls back to the original brickwork?
Answer: Enforcement is the hardest part.
The Owners Corporation Act states that you can not make significant alterations without special resolution, that being said….
The Owners Corporation can issue this owner with a breach notice and then a final notice. This will give them an initial 28 days to comply plus a further 28 days to comply.
If they still do not comply, the Owners Corporation is able to put in an application for VCAT. If they handle this matter themselves, they are looking at around $2,000. If the Owners Corporation decides to use a lawyer, this will most likely cost $5,000 – $7,000. They will most likely be awarded losses by the courts, but there will be a margin on this.
Following this there will be an order. The OC can carry out the works to the property and charge the owner (although getting access onto their property could be an issue), or the lot owner can carry out the order on their own.
Breach of rules for VCAT are at a 12 month wait period at the moment.
As this is not a black and white matter, the OC will need to check the boundary on the plan of subdivision. Change of outward appearance is a subject of matter ie. people have different opinions. Without seeing what the colour difference is, it is also hard to comment.
If the lot in question is on the boundary, the OC will have a better argument at VCAT. if it is within the lot’s boundary, it will most likely be harder to win and much harder to enforce.
Enforcement is the hardest part.
This post appears in the March 2022 edition of The VIC Strata Magazine.
Tristan Veurink
Civium Communities
E: tristan.veurink@civium.com.au
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