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[chai]

The committee of management of a new mixed commercial & residential building in Victoria has disallowed the application of a protective paint on the floor of a resident’s car parking lot.

The car park is below ground level and not accessible to the public.

The re-painted surface is inside the boundary line of the resident’s car lot and the pre-existing painted car lot boundary line was not re-painted.

The reason for disallowing the floor paint was based on the OC rule: “An owner or occupier of a Lot must not in any way alter the external appearance of a Lot or any structure on a Lot including by any addition of any nature, change of colour, finish or decoration of any external wall or woodwork” (think is from the Victorian model rules).

The basement of the new building is presently all raw concrete. The off-the-shelf grey coloured paint colour the OC disallowed is the same as that normally seen applied in many public car parks.

Notwithstanding the pettiness of ruling that a resident cannot make the surface of their car lot easier to clean, by ensuring oil drips do not soak into the raw concrete floor, my question is whether the area inside the title boundary of a car park lot considered the exterior of a lot.

Thanks.

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