› Flat Chat Strata Forum › By-laws and outlaws › Does car park floor paint need OC approval? › Current Page
@chai said:
A recent VCAT ruling Owners Corporation No 3 PS419703E v Bell (Owners Corporations) [2017] VCAT 494 (10 April 2017) may be read to allow the painting of the interior of a lot, especially if it is not easily visible by the public.
But if the lot were easily viewed, I think VCAT would have supported the OC application:
23. I find that the silver panel on the glass wall is visible from outside the lot and is technically a breach of special rule 9(a)(2).
The OC’s poor behaviour was also taken into account (under s.167) in the ruling.
There is another recent VCAT case where this matter was considered (by the same VCAT member):
https://www.austlii.edu.au/au/cases/vic/VCAT/2017/470.html
19. In my view, the external appearance power gives the owners corporation a power to make rules with respect to the aesthetic look of the lot, including but not limited to, colour and conformity of appearance to other lots and common property. The power does not extend to what can be built, or how it must be built, but is confined to regulating the appearance of what is built or to be built.
I’d say that would apply to a common car park area.