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MoreQuiet 8d · day 9

Brisbane woman ordered to repaint roof after tribunal upholds neighbour complaints

Maria Gourley loses three-year legal battle over heritage red roof deemed "glaringly" different from complex standards.

newest coverage 8d agosummary written 7d ago8 pieces MastodonNewswiresGoogle News

What to know

  • A Queensland tribunal has ordered homeowner Maria Gourley to repaint her townhouse roof from heritage red to Nutech coral after a three-year legal dispute with her body corporate.
  • The tribunal found the body corporate's decision reasonable because the roof colour was "glaringly" different from other houses, despite Gourley having sought guidance before painting.
  • The Nutech coral standard was established retroactively in October 2023, after neighbours complained the red roof was offensive and threatening; Gourley must repaint at her own expense within three months.
  • No neighbour complained directly to Gourley during the dispute, despite submissions to the adjudicator describing her roof as a "blatant act of defiance" and threat to property values.

“The question of reasonableness is a little tricky. It's not what I think is reasonable or what you think is reasonable.”

Richard Oliver, QCAT tribunal senior member · ABC Australia ↗

Maria Gourley HomeownerRichard Oliver QCAT tribunal senior memberFernbrook body corporate Community titles managementJill Elsworth Fernbrook body corporate committee member

Brisbane woman ordered to repaint roof after tribunal upholds neighbour complaints
Sydney Morning Herald

How it unfolded 2 developments, newest first · click a bar or a number to jump articlesposts

Peak 5 pieces in 3h at Nov 1, 11 PM; 8 pieces over 9 days (7 articles · 1 post) Nov 1, 11 PM — 5 pieces · 4 articles · 1 post — Google News 3, Mastodon 1, Newswires 1Nov 2, 2 AM — quietNov 2, 5 AM — quietNov 2, 8 AM — quietNov 2, 11 AM — quietNov 2, 2 PM — quietNov 2, 5 PM — quietNov 2, 8 PM — quietNov 2, 11 PM — quietNov 3, 2 AM — 3 pieces · 3 articles — Google News 2, Newswires 1Nov 3, 5 AM — quietNov 3, 8 AM — quietNov 3, 11 AM — quietNov 3, 2 PM — quietNov 3, 5 PM — quietNov 3, 8 PM — quietNov 3, 11 PM — quietNov 4, 2 AM — quietNov 4, 5 AM — quietNov 4, 8 AM — quietNov 4, 11 AM — quietNov 4, 2 PM — quietNov 4, 5 PM — quietNov 4, 8 PM — quietNov 4, 11 PM — quietNov 5, 2 AM — quietNov 5, 5 AM — quietNov 5, 8 AM — quietNov 5, 11 AM — quietNov 5, 2 PM — quietNov 5, 5 PM — quietNov 5, 8 PM — quietNov 5, 11 PM — quietNov 6, 2 AM — quietNov 6, 5 AM — quietNov 6, 8 AM — quietNov 6, 11 AM — quietNov 6, 2 PM — quietNov 6, 5 PM — quietNov 6, 8 PM — quietNov 6, 11 PM — quietNov 7, 2 AM — quietNov 7, 5 AM — quietNov 7, 8 AM — quietNov 7, 11 AM — quietNov 7, 2 PM — quietNov 7, 5 PM — quietNov 7, 8 PM — quietNov 7, 11 PM — quietNov 8, 2 AM — quietNov 8, 5 AM — quietNov 8, 8 AM — quietNov 8, 11 AM — quietNov 8, 2 PM — quietNov 8, 5 PM — quietNov 8, 8 PM — quietNov 8, 11 PM — quietNov 9, 2 AM — quietNov 9, 5 AM — quietNov 9, 8 AM — quietNov 9, 11 AM — quietNov 9, 2 PM — quietNov 9, 5 PM — quietNov 9, 8 PM — quietNov 9, 11 PM — quietYesterday, 2 AM — quietYesterday, 5 AM — quietYesterday, 8 AM — quietYesterday, 11 AM — quietYesterday, 2 PM — quietYesterday, 5 PM — quietYesterday, 8 PM — quietYesterday, 11 PM — quietToday, 2 AM — quiet 12
Nov 2Nov 3Nov 4Nov 5Nov 6Nov 7Nov 8Nov 9now · 5:43 AM ET
  1. 2

    Gourley expresses disappointment with verdict

    Speaking outside the tribunal, Maria Gourley said she was disappointed by the verdict. She noted that none of the neighbours had knocked on her door to complain in person during the three-year dispute.

  2. 1

    QCAT tribunal upholds adjudicator's ruling

    Queensland Civil and Administrative Tribunal senior member Richard Oliver upheld the adjudicator's decision, ruling the body corporate's conclusion that the roof differed significantly from others was "a reasonable conclusion of fact." Oliver ordered Gourley to repaint her roof Nutech coral at her own expense within three months.

    “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.”
    — Richard Oliver, QCAT tribunal senior member
  3. background

    Adjudicator rules body corporate order reasonable — An adjudicator found the body corporate's order to repaint was reasonable because the colour was "glaringly" different from other houses in the complex.

  4. background

    Neighbours lodge complaints with adjudicator — Neighbours submitted complaints to the adjudicator describing the roof as jarring, disruptive, alien, and offensive. One submission said the red colour appeared "a blatant act of defiance" and posed "a threat to others' investment."

  5. background

    Body corporate retroactively specifies Nutech coral after complaints — Following complaints from neighbours about Gourley's red roof, the Fernbrook body corporate chose the colour Nutech coral retroactively in October 2023.

  6. background

    Gourley paints roof heritage red — Maria Gourley painted her townhouse roof at The Gap heritage red instead of the later-mandated Nutech coral.

  7. background

    Gourley asks body corporate for roof colour guidance — Maria Gourley asked the Fernbrook body corporate what colour she should paint her roof. The body corporate had no specific colour in its bylaws and told her to choose shades similar to other roofs.

Also covered reported alongside — the timeline has no entry for these yet

  1. 2 outlets Woman ordered to repaint roof after neighbours complain it’s the wrong red

    first by SMH.com.au, 8d ago · also Sydney Morning Herald

    1 more headline
  2. 2 outlets Woman loses legal battle over roof painted 'disturbing' shade of red

    first by ABC Australia, 9d ago · also Australian Broadcasting Corporation

    1 more headline
  3. 2 outlets ‘War and peace’: Brisbane woman ordered to repaint red roof after neighbour feud

    first by Real Estate, 9d ago · also News24

    1 more headline