Colour scheme rebels

 Contact your strata management company and request a meeting of the Executive Committee and place on the agenda that a ‘Notice to Comply’ to be issued by the strata manager to the owner of this lot requesting that they re-instate the common property, that they have altered without permission of the Owners Corporation, to the existing colour scheme of the rest of the building. Specify the time frame for the restoration.

Paul – in relation to post #2, as the name implies a Notice to Comply (NTC) relates to a resident being given “notice” to comply with one of your Plan’s By-Laws, and as the Model By-Law (#17) that I think Larry’s referring to affects the appearance of a Lot relative to others in the Plan in terms of what’s visible from within, unless your Owners Corporation (O/C) has Registered a Special By-Law (SBL) specifically covering the colour scheme of the building / common property, then a NTC would not withstand any delays, queries, or a formal challenge by the recipient – particularly re. subjective assessments about what colour scheme is “in keeping with the rest of the building”.

In the absence of a relevant SBL, the best approach in my opinion would be to use Sect 65(A) of the NSW Strata Schemes Management Act (SCMA) which states, amongst other things, that an Owner may not alter or add to the Common Property without the prior written consent of the Owners Corporation, which can only be given if ≥75% of those present at a General Meeting vote in favour of whatever alterations or additions are proposed.

So your Executive Committee, or its Strata Manager if so delegated, should write to the Owner/s of the Lot concerned to inform them:

1) That as the colour change did not receive the prior written consent of the O/C that all changes made by them contravene Sect 65(A) of the SCMA; and

2) That it it now their duty (use that term) to at their cost restore the Common Property to its original state within (a prescribed timeframe); and

3) That if they don’t do that to the satisfaction of the O/C within that timeframe, then under the provisions of Sect 63 (4) of the SCMA the O/C will commission the works and recover all its costs from them (the Owner/s).

No approach will likely be easy, but in my opinion the one suggested here has the best chance of an positive and acceptable outcome for the O/C.

@Kenuppa said:
What is the relevant legislation for Queensland?

I found the “Body Corporate and Community Management Act 1997” Current as at 1 December 2013, but cannot find any reference to changing colours.

The act doesn’t go into that sort of detail but it’s been ruled in QLD that changing the color is considered an improvement which requires a special resolution to approve it.

The act you have found is the correct one for QLD