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Neighbours called it ‘alien’ and ‘jarring’. Now a tribunal has ordered a homeowner to repaint her bright red roof
Maria Gourley has been ordered to repaint her bright red roof after Queensland’s Civil and Administrative Tribunal upheld her townhouse complex’s body corporate decision that the colour breached its by-laws. The ruling means she must pay for the work herself, following a three-year dispute over whether her roof’s appearance was inconsistent with the complex.
Gourley painted the roof in March 2023 at her home in The Gap, Brisbane, one of 64 townhouses managed under a community titles scheme. After two breach notices, the body corporate sought adjudication and 13 neighbours supported its objection; the adjudicator ordered a compatible colour, and QCAT dismissed Gourley’s appeal. Senior member Richard Oliver said it was reasonable to find the red visibly different from the other roofs, and ordered her to repaint it in Nutech Coral within three months.
In short
- A tribunal upheld the order to repaint Gourley’s red roof.
- She must cover the cost and use Nutech Coral.
- The dispute centred on the complex’s by-laws and appearance.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The body corporate can argue that shared rules on exterior appearance protect the coherent look of the complex and help residents know what changes are permitted. If the red roof visibly differed from the others and breached the by-laws, enforcing those rules consistently may be fair to neighbours and preserve the scheme’s agreed standards.
The case against
Gourley can argue that a homeowner should have meaningful freedom to choose the appearance of her own home, especially when a colour dispute imposes the cost of repainting. Such restrictions are most defensible when their limits are clear and proportionate; she could reasonably contest whether the red roof caused enough harm to justify overriding her choice.
Explained simply
In Queensland, townhouses can be part of a community titles scheme, where owners share responsibility for common areas and are subject to rules known as by-laws. A body corporate, made up of the owners, manages the scheme and can deal with alleged breaches of those rules.
The dispute concerns whether an owner’s changes to her home must fit the appearance of the wider complex. A tribunal can review certain body corporate decisions, and its ruling matters to the owner involved and to how the complex’s by-laws are applied.
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