Q: I am an owner/occupier of an apartment in a residential building built in 2006. The BC committee have recently decided on a new colour scheme for the building, including the new colour for the balconies, which are for exclusive use. There was no consultation process and I am unhappy with the decision (I was only made aware of the decision as it was included in the Minutes of the last meeting). Where is it legislated that the committee can make a decision on a new colour scheme or change of look of a lot owner’s property, and what rights do I have to dispute it please? Your advice would be greatly appreciated. Kind regards, Rachael Gray.
Where is it legislated that the committee can make a decision on a new colour scheme or change of look of a lot owner’s property and what rights do I have to dispute? QLD, Rachael
A: Any significant changes to the common property, including changes to the colour scheme, must typically be approved at a general meeting of the body corporate. This ensures that all lot owners have an opportunity to voice their opinions and vote on such matters. In many cases, changes to the colour scheme or significant alterations to the property’s aesthetics may require the lot owners’ approval. This approval may be determined by a special resolution, depending on the specific by-laws in place for your complex. Lot owners with exclusive use areas may be responsible for repairing and maintaining those areas. Generally, this responsibility does not extend to changes in the colour scheme or structural alterations that affect the common property. These decisions usually fall under the body corporate and require the approval processes mentioned above. The body corporate committee does have authority in managing common property and making decisions related to maintenance and appearance. However, these decisions should align with the relevant legislation, by-laws, and approval processes. It remains essential to review the specific by-laws of your complex, as they may provide additional details on how changes to the colour scheme and common property alterations are to be handled, as well as any rights and responsibilities of lot owners in such situations.
