Painting outside Owners Corporation's Standard Colour Scheme

Fabbbrrr on 07/04/2021 - 22:02
Last edited 07/04/2021 - 22:04

Hi ozbs,

I've been discussing this topic with other 2 neighbours and we are about to seek legal advice but first, I must ask you for an opinion.

TL;dr: 24 units, all green and red. We want to paint white. All others are painting green again. OC (owner corporation) doesn't reply emails about the topic. What could we do?

We live in a court which is home to 24 units, all old english style aviation green and red. Pretty awful and old school. The idea was to get onboard most of the neighbours with a selection of three or four colour schemes alternatives to choose from and re paint. A few emails were sent to the OC and commitee without reply more than a month ago. A week ago at least 6 other owners started painting using the current palette (which is fine we don't mind).

I've also checked the OC contract and it doesn't really specify the colours, it only states that "changes to the colours must be agreed by the committee after at least 70% agreement across all owners"

For even more context, all 3 owners who want to paint using a different scheme are pretty new (1 to 3 years) compared to the rest of the owners which are between 10 to 25 years. This is yet another issue because older owners think their opinions weigh more than newer owners, so it's very difficult to get them to even think alternatives.

My question is, what could happen (legally?) if we decide to paint white without the OC consent? Could I get into legal trouble? Do you think other neighbours would take legal action given the costs? What kind of actions could they take?

I've tried to search online but I could not find much around, probably because I've used the wrong terminology.

I'd appreciate your help as we'd really want to change the palette to increase the visual appeal of our property.

Cheers

Poll Options

  • 28
    Do not paint, you must follow the rules
  • 12
    Paint white, expect legal action against you
  • 2
    Paint white, no legal actions would be taken
Home & Garden

Comments

  • AndyC1 on 07/04/2021 - 22:11
    +1

    Add "Paint and OC threat of legal action" to the poll as the OC will threaten and then take you to some tribunal or mediator as getting a lawyer will cost too much for the OC to do before anything else.

  • trustnoone on 07/04/2021 - 22:19

    Not a lawyer but I'm guessing there's rules/bylaws or similar from the OC? I thought it usually says something along the lines off, if you want to make changes to outside of property you have to ask OC. If OC doesn't reply within x days (30 days I think usually) then its automatically denied/approved? And what the fine would be? Do you have any docs similar to that?

    • Fabbbrrr on 07/04/2021 - 22:35

      I've asked for those doc's, also got no response. I'll try again but I doubt the rules differ from the standard ones you could find as templates on the web. Those are very light in details around this area in particular.

      Thanks for the questions though, I'll collect some more info from all the comments and write another email to the OC.

      • trustnoone on 07/04/2021 - 23:32
        +2

        Hiya, again not a lawyer but I'm not sure if "light in details" really cut it for them, this could work in your favour I guess? But I feel this is one of the things they need to have "exact" on there, if it doesn't say "we will reply in x days for approved/denied" then any assumption can be made, which isn't great for them.

        In saying that, you say you don't have the rules? Were you given them before? They would have to have provided them to you for you to read and sign that you agree with them? Without you signing that you agree to their rules, then you can't have broken any of your agreements?

        Anyways just things to think about.

        • bargain huntress on 08/04/2021 - 14:13

          exactly how can you not have the rules? if you were never given them then you could never have agreed to them. how did you buy the property without being given the rules?

          • DoctorCalculon on 08/04/2021 - 22:25

            @bargain huntress: Any additional OC rules would have been attached to the Vendor Statement when the OP bought their lot. If they were not attached then model rules apply.

  • jjjaar on 07/04/2021 - 22:36
    +5

    The first thing that’ll happen if you paint white is they’ll knock on your door and tell you to repaint it the current colour scheme.

    If you don’t fix it, that’s when they’ll pull legal action.

    So you and the other newer owners could potentially just paint it white and wait and see.

    • JIMB0 on 08/04/2021 - 06:22
      +1

      Then don't answer the door. Or pull the old "no speake da English".

      • jjjaar on 08/04/2021 - 09:09
        +1

        Exactly. Also, to be fair, they’re not responding to OPs questions, so it’s really just playing the same game.

  • Stewardo on 07/04/2021 - 22:43
    +5

    3/24 doesn’t sound like a majority.
    Was that the colour scheme when you bought it?
    I could only assume other owners may like the faux federation colour scheme (is it Heritage green)?
    Sounds pretty selfish to buy into an existing period themed community, then bypass the rules, because it doesn’t suit your taste. Why not wait for the AGM and propose a vote then.

    • Fabbbrrr on 07/04/2021 - 22:52

      No, i don't want to be selfish at all. We are trying to propose alternatives, call a general meeting to vote and discuss but no response has been given so far.

      I'm exploring my options to understand what could or could not do, legally or otherwise :)

      • Stewardo on 07/04/2021 - 23:13
        +1

        I’m sure within the next 12 months you will get to go to the meeting with your proposal. A month isn’t a very long time. Why did you buy a property you consider to look awful, with the knowledge that it had bylaws around its appearance? Its personal taste, which is subjective.
        Try to see it from others perspective. They bought period facade property in the mid 90s, liked the style and colour scheme, regularly maintained property. 25 years later younger owner moves in thinks property looks awful, fires off several emails seeking change in colour scheme to contemporary tastes. Seeks legal advice to circumvent bylaws.
        I’d wait for AGM then if your proposal doesn’t succeed let it go.

        • Fabbbrrr on 07/04/2021 - 23:26
          -4

          I think you are trying to make me look bad for some reason I don't get. I'm trying to get flexibility not change their own houses. I want MY house to look in a particular way, not make others change theirs.

          When I bought here, the exterior colour scheme wasn't an issue, in fact, it's not an issue at all, it's just preference. I just think having more options than a 30yo colour scheme could improve the value of the neighbourhood overall.

          I do appreciate your point of view though, I understand not everyone is on the same side of the fence. Thanks.

          • pharkurnell on 08/04/2021 - 10:05
            +3

            @Fabbbrrr:

            it's not an issue at all

            Case closed.

          • DoctorCalculon on 08/04/2021 - 22:43
            +2

            @Fabbbrrr:

            When I bought here, the exterior colour scheme wasn't an issue

            When you buy a lot under OC, there are certain troubles that come with the territory. You should have known this prior to the purchase.

            If you want to change the way the outside of your lot looks in a LEGAL manner, then you need to have the OC members pass a Special Resolution (75% in favour - 18 lot owners) which allow for such a change.

            What you are trying to do is down right absurd for an OC whose size is 24 lots.

  • SF3 on 07/04/2021 - 22:56
    +3

    Join the OC (owner corporation) - fight from within?

    • DoctorCalculon on 08/04/2021 - 22:47

      By law, OP is already a member of the Owners Corporation by virtue of being a lot owner.

  • iNeed2Pee on 07/04/2021 - 23:06
    +7

    Go the Bunnies!!!

    • wiipantz on 08/04/2021 - 10:12

      Best comment 2021

  • Halo375 on 07/04/2021 - 23:12
    +2

    Talk to all 23 other owners and get their written approval to paint your house white.

  • dizzle on 07/04/2021 - 23:37
    +7

    This is yet another issue because older owners think their opinions weigh more than newer owners, so it's very difficult to get them to even think alternatives.

    Actually, it's more like 3 owners think their opinions outweigh the other 21 owners.

    "changes to the colours must be agreed by the committee after at least 70% agreement across all owners"

    So you need another 13 or 14 owners in agreement before the committee will look into it. It's no use the committee replying to you if they then have to convince the majority to change the colour scheme. You need to do the work/convincing your neighbours, otherwise you're just organising a general meeting to waste peoples time.

    Makes sense, because you wouldn't just be changing your three houses. Complexes like this use the same colour scheme to give a consistant look. It helps with cosmetic appeal when new buyers are looking. It helps them keep track of colours for maintenance. It helps them fit the rest of the complex colours (community rooms/laundries/pool areas) to appeal to everyone.

    It also prevents that one neighbour from painting their areas a horrid, pink/purple/black/brown/whatever that can conflict with a neighbour out of spite.

    • dizzle on 07/04/2021 - 23:52

      Oh and from my understanding, if the OC take any action, it gets paid by the fees you (and the other owners) pay to the OC. So it also can also limit any improvements they have planned for the complex.

  • loropy9 on 08/04/2021 - 00:23
    +5

    It’s actually very simple. You buy your own house and then paint it coal black if you wish. Until then, your aesthetic preference weighs exactly 4.17% in voting rights at your body corporate AGM.

    • DoctorCalculon on 08/04/2021 - 22:51

      your aesthetic preference weighs exactly 4.17% in voting rights

      Very well said.

  • Meho2026 on 08/04/2021 - 00:59
    +3

    If each owner is responsible for painting their own lot just get a copy of the bylaws and check if they dictate the colour scheme. If they do you need to comply or petition to change the bylaw.

    If the body Corp is painting everyone’s lot then all the planning and decisions will be in the strata records which are freely available to all owners.
    Inspect the records and find out how the decision on the colour palette was made.

    The only way to really influence any decisions is to get yourself on the executive committee at the AGM.

  • morse on 08/04/2021 - 03:53
    +2

    I feel for your situation, I too would probably want to change the colour. however I think you’ve probably left talking to all the other neighbours too late since some have already started painting and won’t want to do it again, but also will probably want the colours consistent across the complex.

    I wouldn’t paint until you get some sort of approval as otherwise you’ll end up having to repaint.

    As a side note, we recently painted our house white and I’m happy with it, but it shows every bit of bird poo, bat poo, dirt etc, whereas we never noticed those things with the old colour.

  • EightImmortals on 08/04/2021 - 07:06

    Burn the heretic!

  • ihbh on 08/04/2021 - 08:59
    +1

    Do you like to paint once or twice?

    PS: Do you have to paint now? Let the other two be the guinea pigs.

  • brad1-8tsi on 08/04/2021 - 09:04
    +1

    If 6 units have started painting the horse has bolted.

    It appears the Strata capital works fund isn't paying / coordinating. Why is that?

    I'd strongly suggest that you and the other new owners drum up some support and get involved in the committee. Use the lack of response as a reason why the current committee isn't working and why an EGM and new committee is required.

    • Fabbbrrr on 08/04/2021 - 11:47

      It appears the Strata capital works fund isn't paying / coordinating. Why is that?

      Because apparently the last time they tried to organise something like this, many ended up paying more/less than they should. There are varying sizes of units and they all were charged the same. I dunno really the details, it's all gossip now.

      Thanks for the comment, I'll push forward with the lack of response as it seems that I could get somewhere from there.

  • Seraphin7 on 08/04/2021 - 09:12
    +2

    I've also checked the OC contract and it doesn't really specify the colours, it only states that "changes to the colours must be agreed by the committee after at least 70% agreement across all owners"

    Well, that really says it all. If you simply choose to paint whatever colour you want, you may be subject to action from the OC. In practical terms this goes up to requiring you to paint in the approved colour at your own expense. This could end up in relevant courts, so could become expensive if it goes against you.

    For even more context, all 3 owners who want to paint using a different scheme are pretty new (1 to 3 years) compared to the rest of the owners which are between 10 to 25 years. This is yet another issue because older owners think their opinions weigh more than newer owners, so it's very difficult to get them to even think alternatives.

    To be fair, it's not that "older owners think their opinions weigh more than newer owners", it's that the majority think their opinions weigh more than the minority. Crazy, I know in 2021, but that's the way democracies work.

    What could we do?

    In the first instance, you simply request the variation, but it sounds like that's not going anywhere. From there you could see an appropriate solicitor to draw up a more formal request, see what that brings. Ultimately, if you really want to push, you will have to end up taking legal action yourself on the basis that the relevant restrictions are overly onerous and that consent for your request is being unreasonably withheld.

    • Fabbbrrr on 08/04/2021 - 11:39
      -2

      To be fair, it's not that "older owners think their opinions weigh more than newer owners", it's that the majority think their opinions weigh more than the minority. Crazy, I know in 2021, but that's the way democracies work.

      Nah, that's not what I wanted to say. I know how democracies work. What I wanted to say is that for many other decisions, newer owners are often left out of the discussions and planning, which is not great. More important things are addressed by OC so we are somewhat covered but usually older owners do their background convincing between them before any of the voting happening. I guess that's politics in 2021.

      • Seraphin7 on 08/04/2021 - 12:46
        +2

        That happens in any arrangement and is more on the basis that people have effectively developed an "operating rhythm" over time.

        What you and the other newer owners need to do is get organised. Start to talk amongst each other, get your own ideas moving, and start to influence the others.

        The reality of it is, I've been there. You turn up after having just bought the place, want to do something that's a bit different and no one wants to know you. Over time, the balance of power will start to swing, but that's the way it is.

        My humble advice to you (from painful bloody experience) is either get organised with others, noting that it may take a couple of years to be able to start to have a significant influence … or just sit back and not get to concerned so long as people aren't doing something ridiculous.

  • avoidfullprice on 08/04/2021 - 10:02
    +1

    My question is, what could happen (legally?) if we decide to paint white without the OC consent? Could I get into legal trouble? Do you think other neighbours would take legal action given the costs? What kind of actions could they take?

    Depending on state law, if the OC does not approve your colour scheme at AGM/EGM, you will get an infringement notice to rectify the problem. You might get a fine (via the tribunal?) which may go back to admin fund pool, less strata manager fees for doing sweet fa.

  • pharkurnell on 08/04/2021 - 10:06
    +4

    23 units one colour scheme and 1 odd one in the middle standing out like whale balls on a mozzie - you wont win.

    You bought the wrong place to want to change things.

    • Fabbbrrr on 08/04/2021 - 11:52

      Well my thinking was that it all starts with one unit, yes. In a couple of years we have a defined colour scheme of 4 alternatives so they all look similar. There are at least 2 other complexes in the area which followed this years ago and they look much nicer and modern than this one. I guess I was too excited to find openly minded people living here given the other places nearby achieved it :(

      • i like coffee on 12/04/2021 - 08:46

        I guess I was too excited to find openly minded people living here given the other places nearby achieved it :(

        Why didn't you purchase in one of the nearby places that had the color scheme that appears to be very important to you?

        Have you considered that the vast majority of the community in your OC may be open minded and accepting and you could be the one that is being closed minded?

        1 month isn't a lot of time when dealing with an OC. How long has it been since owners were advised of the decision to repaint?

        As others have said if some owners have already started repainting in the agreed color scheme then you may have to wait 10-15 years until it's time to paint again. Unless you want to pay to repaint the properties that have already been repainted.

  • try2bhelpful on 08/04/2021 - 10:14
    +4

    Why don’t you put together a petition and go around to all the units and get those who are owners, and want to change the rules, to sign it. This will give you an idea if others really see this as an issue. If the others aren’t fussed then the issue will disappear if they are fussed you will get an idea on how far they are likely to take this. Usually these things are sorted by a meeting of the unit holders.

  • tsunamisurfer on 08/04/2021 - 12:13
    +2

    Why oh why do people move to strata units and want to do their own shit?

    I have lived in a strata complex for 20 years and an on the Council of Owners.

    Despite the bylaws stating the externally visible appearance is to remain consistent, you have people doing themselves or asking for :

    • Security Grills, and of a wrong colour.
    • Awnings.
    • Security door, and of wrong colour.
    • Redoing or repainting the externally visible fencing.
    • Air Con units in the front.
    • Ripping up approved plants / shrubs / hedges to do their own various cacti.
    • Shed out the front!

    Most people are good but its some that ruin it for the rest.

    Had I known all this time ago that such people exist, I would have saved harder and bought a standalone house.

    • try2bhelpful on 08/04/2021 - 12:20
      +1

      I would, always, buy a standalone house. They appreciate in price better and there are less neighbours you have to deal with.

    • Fabbbrrr on 08/04/2021 - 12:26
      -1

      Most of those changes you mention, everyone is ok with those. There are slightly different security door colours, front yards, driveways and the likes. The only thing that is currently the exact same in all units are gutters and windows colour scheme. So I thought it wouldn't be such a big deal… apparently people is more sensitive than I expected around how their neighbors house look like.

      If I could, I would move to a standalone house. It's a matter of budget not choice. But while I'm here I'd like to get the best out of the situation.

  • deme on 08/04/2021 - 23:40

    Good job fooling for fomo

  • i like coffee on 11/04/2021 - 13:58
    +2

    Have you taken time to understand your neighbours and why they've chosen to live in these units? This may not be an entry-point to the housing market for them - they may actually have plans to live there for much longer than you do.

    Perhaps they like that the aviation green color scheme doesn't appeal to the youth who feel entitled to change everything. They may prefer living with people accepting things the way they are.

    Living under the rules of an OC comes with both pros & cons. It's worth investigating time in seeing if the community is right for you before you rent/buy, as you are essentially choosing to live with a community of people with shared land.

    How long do you plan to live in this property? Is it a short term stay until you can upgrade or is this your forever home?

    It sounds like you are pushing for flexibility and change in an environment that is designed to provide the exact opposite of that. If I was in your position I'd spend more time getting to know the neighbours and less time concerned about the color scheme of the exterior of your property.

    If you start threatening the OC with legal action they could make your life very difficult. Have a read about the horror stories some people have been in when an OC turns on them. Communities can be wonderful to live in, if you take the time to understand and appreciate them.

Login or Join to leave a comment
Login Join