A woman has lost a three-year legal battle and has been ordered to repaint her roof after her chosen shade of red was found to breach her body corporate's by-laws.
Maria Gourley's neighbours in The Gap, western Brisbane, described her red roof as 'disturbing', 'jarring', and 'alien' after she painted it in March 2023.
The 64-year-old owns one of the 64 townhouses on Paltarra Street, managed by Fernbrook Body Corporate under a community titles scheme.
The body corporate instructed Ms Gourley to change what it described as her 'disruptive roof colour' at her own expense, arguing it was at odds with the by-laws.
After she ignored two breach notices, the body corporate took the dispute to the Office of the Commissioner for Body Corporate and Community Management for adjudication.
It submitted a 105-page condemnation, seen by the ABC, and was supported by 13 neighbours who agreed the roof colour did not suit the complex.
'M. Gourley painted her roof tiles a discordant red in March 2023, being a colour that impacts the common property and other lots,' the committee wrote.
'Several neighbouring owners expressed disapproval of the painting of M. Gourley's roof in the colour red, as the visual impact was significant, with the colour contrasting markedly with the complex's colour scheme.'
Maria Gourley's neighbours in The Gap, western Brisbane, described her red roof as 'disturbing', 'jarring', and 'alien' after she painted it in March 2023
The adjudicator ruled in the body corporate's favour and ordered the 64-year-old to repaint her roof in a colour consistent with the other homes in the complex.
However, Ms Gourley argued the repainting costs should be covered by the body corporate.
Unsatisfied with the result, she took the matter to the Queensland Civil and Administrative Tribunal (QCAT) but was ultimately unsuccessful.
Tribunal senior member Richard Oliver ruled against her, finding the body corporate's decision was reasonable.
'The question of reasonableness is a little tricky. It's not what I think is reasonable or what you think is reasonable,' he said.
'The adjudicator's job is to determine whether or not the body corporate's decision is reasonable.
'It's fairly clear this conclusion, about it being quite different to the remainder of the roofs in the complex, is a reasonable conclusion of fact to come to, because it's obvious.'
Fernbrook body corporate committee member Jill Elsworth also appeared before the tribunal, describing the roof colour as 'totally contrasting' and 'discordant'.
Ms Gourley has lost a three-year legal dispute with her body corporate after a Queensland tribunal ruled her roof colour breached the complex's by-laws
Join the discussionShould neighbours have the power to decide what colour someone paints their own home?
Mr Oliver dismissed Ms Gourley's appeal and ordered her to repaint the roof in Nutech Coral within three months at her own expense.
Following proceedings, Ms Gourley said she wasn't happy with the result.
'I still don't think this is right,' she told 612 ABC Brisbane outside the tribunal.
'I'm going home to explore my options and go from there.'
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