This article discusses when a strata scheme can force a strata owner to repaint their villa and the need for tribunal action.
Question: Our four villa strata complex has no common walls. The owners agree to the required painting of the exteriors. One owner does not. Can the majority force the remaining owner to paint?
We have a four-villa strata complex with no common walls. The two front villas are single-storey 3 x 2’s with attached double garages, and the two back villas are two-storey 4 x 2.5’s with attached double garages.
The villas were built in 2000 and are cement-rendered. They require painting. Three owners want to paint the exterior of their villas and the common areas. One of the owners does not want to paint their villa. Can the majority of owners force the remaining owner to paint their lot?
Answer: The decision to order the owner to attend to the necessary maintenance, including repainting, can only be enforced through the tribunal.
We are not privy to the strata plan of this 4-lot scheme. Hence, we are not in a position to advise whether the boundaries of the lots/units are in ownership or common property. We are also not privy to the bylaws of the strata scheme.
If the individual owner owns the building due to Schedule 2A, Section 3AB of the Strata Titles Act 1985 as amended 2018, the strata company is not in a position to expend strata company funds towards private property. However, if the property of the one owner is not being maintained and kept in a state of good condition under the standard governance bylaws Schedule 1 Bylaw 1 (b), the decision to order the owner to attend to the necessary maintenance including repainting can only be enforced through the tribunal.
We suggest the strata company seeks legal advice on this matter to pursue this further.
This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.
This post appears in the March 2025 edition of The WA Strata Magazine.
Marietta Metzger
magixstrata
E: marietta@magixstrata.com.au
P: 08 6559 7498
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