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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.
However, no decision was made as to whether any special rule prohibiting this is ultra vires in this case as the OC application against the lot owner was dismissed.
Thanks Austman. I only had previously read the Victorian Owners Corporations Act 2006, which I thought provided the lot owner free rein on interior surface colours:
132. Right to decorate interior walls, floors and ceilings
(1) If a boundary of a lot is shown on a plan of subdivision as being the interior face of the building, the lot owner has the right to decorate or attach fixtures or chattels to that face.
(2) This section permits works such as curtaining, painting, wallpapering and installing floor coverings, light fittings and other chattels.
That Owners Corporation PS508732B v Fisher VCAT ruling clarifies the rights/powers of the OC on interior surface colour; that is, it must be in accordance with a registered rule relating to the external appearance of the lot.
Thanks for the opinions.
To elaborate on Austman‘s helpful advice, I confirm that the registered plan of subdivision for this building do state “Interior face: All boundaries”.
So that confirms the application of the floor paint inside the lines delineating the boundary of a car lot is interior from a title perspective.
The registered rules for this building only has one rule that refers to the appearance of the interior of the lot visible from outside the lot. This is: “An owner or occupier of a Lot must not hang or place or permit to be hung or placed any garment or article of clothing sheet blanket or towel or other article on any part of the Common Property or on or from any part of the exterior of the lot including the balcony or such as to be visible from outside the Lot except as provided by the Owners Corporation.”
The only other rule about the view from the exterior is: “An owner or occupier must not place, display or hang any chattel item (including any item of clothing or any wind chimes) or any signage (including ‘for sale’, ‘lease’ or any business signage) on or from a balcony or similar or a window forming part of the Lot or Common Property.”
As the rules for this building, for example, does not prohibit “… to hang any curtains or drapes visible from the outside the building unless the side of those curtains or drapes visible from outside is lined in neutral tones …”, I understand that if a lot owner hangs a psychedelic coloured or other offensive curtain on the interior side of the window that faces the exterior of the building, the OC is not able to do anything about it.
Based on this last piece of information, I’ve re-read the 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”) and, although I understand the viewpoints provided by Lady Penolope and Sir Humphrey, I feel that the word external to “external appearance of a Lot” has significance here. In my opinion, and without any legal experience or knowledge of any VCAT precedence, I don’t think the OC is able to demand the lot owner revert the painted interior of a lot to the original unfinished appearance.
The parking lot is in the basement of the building and alongside the other car lots – i.e. no walls. That level is secure and not accessible to the public (unless they tailgate someone who has access to that level).
Thanks.
This becomes an issue when the council refuses to clear building rubble and/or the there is not enough room for residents to place their own refuse into the bins. In this case, the lot owner should be informed that the extraordinary refuse removal fee will be levied to their account.
Surveillance video will pin-point the culprit if there are more than one renovation happening in the building.
The reasonable request from a lot owner to install an air conditioner compressor in the common area cannot be denied. At all times, the pump is considered the property and the responsibility of the lot owner.
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