The roof colour feud that's tearing a neighbourhood apart—is your home next?
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In the tranquil streets of a townhouse complex, a storm has been brewing, not in the sky, but over the colour of a roof that has divided a community and sparked a legal battle that could have implications for homeowners everywhere. It's a tale that seems almost too bizarre to be accurate, yet it's unfolding in real life, leaving us to wonder: could your home be next?
Maria Gourley, a 64-year-old resident of Paltarra Street, was at the centre of a neighbourhood dispute that escalated to a staggering 105-page document outlining why her choice of a vibrant red for her roof was unacceptable. The surrounding roofs, a sea of beige, stand in stark contrast to Ms Gourley's bold statement, and her neighbours and the body corporate are seeing red in more ways than one.
The saga began two years ago when Ms Gourley decided to give her roof a fresh coat of paint. Little did she know that this simple home improvement act would lead to a legal wrangle with the Fernbrook Body Corporate, the overseer of the community titles scheme managing the 64 townhouses in her complex.
The body corporate deemed her choice of colour 'disruptive' and in violation of the by-laws, issuing two breach notices that Ms Gourley chose to ignore. The dispute was then taken to the Office of the Commissioner for Body Corporate and Community Management for adjudication, culminating in a 105-page condemnation supported by 13 neighbours. The committee's argument was clear: the red roof was a visual eyesore that clashed with the complex's colour scheme.
The adjudicator sided with the body corporate, ruling that Ms Gourley must repaint her roof to match the beige tones of the other homes and at her own expense. The decision was a blow to Ms Gourley, who believed that the body corporate should cover the repainting costs. She claimed to have sought guidance on the approved colour in January 2022 but was let down by the lack of clear direction.
'I tried to do the right thing, I asked for a colour, and I've been let down,' Ms Gourley expressed her frustration. 'All that was needed to avoid this War and Peace was a colour.'
The body corporate, perhaps recognising the need for clarity, voted at its annual general meeting in October 2023 to identify a mandatory roof colour for the future. However, this decision comes too late for Ms Gourley, who is now faced with the daunting task of repainting her roof for the second time in two years.
The case highlights the often-overlooked complexities of living within a body corporate or homeowners' association, where individual tastes can clash with collective rules. It serves as a cautionary tale for all homeowners to be well-versed in their community's by-laws and to communicate effectively with their governing bodies before making any significant changes to their property.
As for Ms Gourley, she is not ready to give up the fight and intends to appeal the adjudicator's ruling. The Fernbrook Body Corporate has remained silent on the matter, not responding to requests for comment.
This dispute raises important questions about the balance between individual rights and community standards. How much say should a body corporate have over the colour of your home? And what recourse do homeowners have when they feel their rights are being trampled?
We invite our readers to share their thoughts and experiences. Have you ever faced a similar situation in your community? How was it resolved? Join the conversation and let us know in the comments below.
Maria Gourley, a 64-year-old resident of Paltarra Street, was at the centre of a neighbourhood dispute that escalated to a staggering 105-page document outlining why her choice of a vibrant red for her roof was unacceptable. The surrounding roofs, a sea of beige, stand in stark contrast to Ms Gourley's bold statement, and her neighbours and the body corporate are seeing red in more ways than one.
Legal battle over roof colour in townhouse complex ongoing for two years. Credit: blackestockphoto / iStock
The saga began two years ago when Ms Gourley decided to give her roof a fresh coat of paint. Little did she know that this simple home improvement act would lead to a legal wrangle with the Fernbrook Body Corporate, the overseer of the community titles scheme managing the 64 townhouses in her complex.
The body corporate deemed her choice of colour 'disruptive' and in violation of the by-laws, issuing two breach notices that Ms Gourley chose to ignore. The dispute was then taken to the Office of the Commissioner for Body Corporate and Community Management for adjudication, culminating in a 105-page condemnation supported by 13 neighbours. The committee's argument was clear: the red roof was a visual eyesore that clashed with the complex's colour scheme.
The adjudicator sided with the body corporate, ruling that Ms Gourley must repaint her roof to match the beige tones of the other homes and at her own expense. The decision was a blow to Ms Gourley, who believed that the body corporate should cover the repainting costs. She claimed to have sought guidance on the approved colour in January 2022 but was let down by the lack of clear direction.
'I tried to do the right thing, I asked for a colour, and I've been let down,' Ms Gourley expressed her frustration. 'All that was needed to avoid this War and Peace was a colour.'
The body corporate, perhaps recognising the need for clarity, voted at its annual general meeting in October 2023 to identify a mandatory roof colour for the future. However, this decision comes too late for Ms Gourley, who is now faced with the daunting task of repainting her roof for the second time in two years.
The case highlights the often-overlooked complexities of living within a body corporate or homeowners' association, where individual tastes can clash with collective rules. It serves as a cautionary tale for all homeowners to be well-versed in their community's by-laws and to communicate effectively with their governing bodies before making any significant changes to their property.
As for Ms Gourley, she is not ready to give up the fight and intends to appeal the adjudicator's ruling. The Fernbrook Body Corporate has remained silent on the matter, not responding to requests for comment.
This dispute raises important questions about the balance between individual rights and community standards. How much say should a body corporate have over the colour of your home? And what recourse do homeowners have when they feel their rights are being trampled?
