A homeowner has been ordered to repaint her roof a different color after a tribunal ruled that its bright red shade breached body corporate by-laws, following a three-year legal dispute.
Maria Gourley, 64, painted her roof tiles red in March 2023. Her neighbors in The Gap, a suburb of Brisbane, Australia, described the color as "disturbing," "jarring," and "alien." Gourley owns one of 64 townhouses managed by Fernbrook Body Corporate under a community titles scheme.
The body corporate issued Gourley two breach notices for the "disruptive roof colour," arguing it was at odds with the complex's established color scheme. After she did not comply, the body corporate took the case to the Office of the Commissioner for Body Corporate and Community Management for adjudication.
The body corporate submitted a 105-page report, supported by 13 neighbors who agreed the red roof did not suit the complex. The adjudicator ruled in favor of the body corporate, ordering Gourley to repaint her roof in a color consistent with the other homes in the complex, at her own expense.
Unsatisfied, Gourley appealed to the Queensland Civil and Administrative Tribunal (QCAT). However, senior member Richard Oliver dismissed her appeal, finding the body corporate's decision to be reasonable. He stated that the roof color was "fairly clear" to be different from the remainder of the roofs in the complex, deeming this a "reasonable conclusion of fact."
Fernbrook body corporate committee member Jill Elsworth testified at the tribunal, describing the roof color as "totally contrasting" and "discordant." Gourley was ordered to repaint her roof in Nutech Coral within three months, at her own expense.
Despite the ruling, Gourley expressed her dissatisfaction, stating, "I still don't think this is right." She indicated she would explore her options following the tribunal's decision.