VIC Can I paint the inside of my apartment on a weekend?

[SimonP]

A rather precious neighbour in my apartment complex registered a complaint with the Owners' Corporation as he saw me painting the inside of my apartment through an open door.
The OC manager quoted the rule "no works to be undertaken after hours or on weekends or public holidays"
Can they really stop me doing that? I work full-time and only have after 5pm and weekends to do this.
I'm not using power tools, and my other neighbours say they have heard no noise, smelt no smells and are not disturbed

 

[Rod]

Get your owners corporation rules out and see what they say.

Something along the lines you describe is likely not enforceable even if in the rules.

 

[Tim W]

And what action does the OC propose to take?

I agree with @Rod - they'll be hard pressed to enforce anything anyway.

 

[SimonP]

The OC rules state pretty much what the manager quoted. I would imagine they intended for "works" to cover construction and/or renovation, and I feel it's a bit of an unreasonable stretch to apply that term to mere painting.
The OC manager has not specified a penalty, but hinted at a fine of some sort.

 

[Rod]

In the words of Darryl Kerrigan - tell'm he's dreaming.

 

[Atticus]

I would imagine they intended for "works" to cover construction and/or renovation, and I feel it's a bit of an unreasonable stretch to apply that term to mere painting.

I think any reasonable person would .... Make sure to make a complaint to the OC next time you see anybody changing a light bulb, fixing a tap, working on their car, cleaning their carpets .... I think you get the drift.

 

[SimonP]

Thank you all for your sage advice.
The complainant had a towel drying on his balcony. Even that is against OC rules!
I don't want to go tit for tat, but .......
Time for a cuppa (if they'll let me boil the kettle - better turn it off before it whistles)

 

[Tim W]

I don't want to go tit for tat, but .......

The only time tit for tat is worth the effort is
when your position will overwhelmingly prevail, and
where it will produce an outcome overwhelmingly in your favour.
This does not appear to be one of those times.

The OC manager has not specified a penalty, but hinted at a fine of some sort.

I think not.
Fines are only imposed as the result of a criminal proceeding
(that is, a prosecution, or an infringement notice ("ticket")).
You might care to reply to threats of this nature with
"Well, go on then!"

Who exactly is the "OC Manager" to whom you refer?
I ask because the Chair of the OC and the manager might be different people.
For example - management might be outsourced to an agent.

I agree with @Rod about getting your rules out and reading the,
Chances are, the OC has simply adopted the model rules,
and thought no more about it.

 

[SimonP]

As noted above, I have read the rules, which preclude "works" outside of business hours
The "manager" is the a strata title management company appointed by the OC

 

[Tim W]

< nods >

And what is the nature of this threatened "fine"?