Woman loses legal battle over roof painted 'disturbing' shade of red

A woman has been ordered to repaint her roof by a Queensland tribunal after neighbours complained the colour was "offensive", "disturbing," and "threatening".

The Queensland Civil and Administrative Tribunal (QCAT) handed down its ruling today, following a three-year-long dispute between Maria Gourley and her body corporate.

It comes after Maria Gourley painted her roof "heritage red" instead of "Nutech coral" at her townhouse at The Gap, in March 2023.

The Fernbrook body corporate took Ms Gourley to the Office of the Commissioner for Body Corporate and Community Management for adjudication.

The adjudicator ruled the body corporate's order to repaint the roof was "reasonable" because the colour was "glaringly" different to the other houses.

Ms Gourley appealed the decision in QCAT, but on Monday afternoon tribunal senior member Richard Oliver upheld the adjudicator's previous ruling.

"The question of reasonableness is a little tricky; it's not what I think is reasonable or what you think is reasonable," Mr Oliver 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 told the tribunal that the roof disturbed the visual harmony of the neighbourhood.

"Maria's was a totally contrasting, discordant colour," Ms Elsworth said.

Mr Oliver threw out her appeal, ordering her to repaint her roof Nutech coral at her own expense within the next three months.

Speaking outside the tribunal, Ms Gourley told 612 ABC she was disappointed by the verdict.

"I still don't think this is right," Ms Gourley said.

"I'm going home to explore my options and go from there."

A neighbourhood in uproar

Ms Gourley asked the body corporate what colour she should paint her roof in January 2023.

However, the body corporate did not have a specific colour in its bylaws, instead telling Ms Gourley to choose shades that were similar to other roofs. 

The colour Nutech coral was chosen retrospectively in October 2023, following complaints from neighbours when Ms Gourley painted her roof heritage red. 

612 ABC has obtained copies of the submissions sent to the adjudicator complaining about the colour of Ms Gourley's roof.

"It is an offensive colour and indicates that the committee is not implementing the bylaws." 

- Jill Elsworth

"M. Gourley's painting of her roof in a bright red colour from first glance appears a blatant act of defiance against the committee. It is my opinion that M.Gourley's action poses a disregard of, even a threat to others' investment. 

- Janine Begg

"It would appear that the owner of lot 62 has flouted the bylaws and seems determined to upset the entire complex, especially those residents who have to look at her jarringly coloured roof each and every day." 

- Michael and Julia Murphy

Ms Gourley said none of the neighbours had ever knocked on her door to complain about the roof in person.