The Devil has a Red Roof

There is a famous scene in The Devil Wears Prada where merciless boss Miranda (Meryl Streep) lectures personal assistant Andrea (Anne Hathaway) for thinking she is above the fashion industry:

"You go to your closet and you select that lumpy blue sweater, for instance, because you're trying to tell the world that you take yourself too seriously to care about what you put on your back.

But what you don't know is that that sweater is not just blue.  It's not turquoise.  It's not lapis.  It's actually cerulean."

I was reminded of that scene when reading this case.

Fernbrook is a 64-lot scheme in The Gap, a suburb in north-west Brisbane.  In March 2023 a lot owner in the scheme painted her roof red without obtaining approval from the Body Corporate, in contravention of the scheme's by-laws.  Scandalous!

Later at an annual general meeting held in October 2023, the Body Corporate voted to formalise the approved paint colour for roofs to be NuTech Paint 'Coral'.  The body corporate then asked the lot owner to repaint her roof, but she refused.

At this stage I can't help but imagine the conversation:

"The approved roof colour is not just red.  It's not burgundy.  It's not terracotta.  It's actually coral."

In August 2024, the body corporate filed an Adjudication Application seeking orders that the lot owner repaint her roof NuTech Paint 'Coral', at her own cost, within 3 months.  

These orders were granted.

From a legal standpoint, this reaffirms the enforceability of by-laws regulating the appearance of lots in a group titles plan, where the exterior of each lot (including the roof) does not form part of the common property but is actually part of the lot.

From a design standpoint, the jury is out.  For now, however, you can take a look for yourself on Google Maps satellite view – the address is 14 Paltarra Street, The Gap.

You can also view a wide variety of roof colours on the NuTech website including such exciting options as "peach whispers", "lime breeze", "evening haze" and "apricot chill", to name a few.  Just make sure it's approved by your committee first.

That's all.