This Q&A is about light nuisance from a neighbour.
Table of Contents:
- QUESTION: Is it acceptable for the apartments above us to hose their balconies and balustrades into our courtyard and pool? Each time this occurs it takes hours to clean all the dirt from 6 floors above.
- QUESTION: We are unable to navigate an area of common property at night due to a bright light shining into the space from a neighbour.
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Question: Is it acceptable for the apartments above us to hose their balconies and balustrades into our courtyard and pool? Each time this occurs it takes hours to clean all the dirt from 6 floors above.
We live in a ground floor apartment in a block of 12. The front and side balconies above us have over the edge drainage which drains directly into our courtyard and swimming pool. Is it acceptable for the apartments above us to hose their balconies and balustrades into our courtyard and pool?
Each time this occurs it takes hours to clean all the dirt from 6 floors above as our drainage is 100mm floor wastes. It also takes endless time cleaning and re-balancing the chemicals in our pool.
Can this be stopped?
Answer: The occupier of a lot included in a community titles scheme must not use, or permit the use of, the lot or the common property in a way that— (a) causes a nuisance or hazard;
As an owner you are entitled to the peaceable enjoyment of your lot
Section 167 of the Body Corporate and Community Management Act 1997 states:
Nuisances:
The occupier of a lot included in a community titles scheme must not use, or permit the use of, the lot or the common property in a way that— (a) causes a nuisance or hazard; or (b) interferes unreasonably with the use or enjoyment of another lot included in the scheme; or (c) interferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property.
Having water pushed into your lot would seem to count as a nuisance so the question is what are you going to do about it?
First step is to refer the matter to the Committee so they can make an assessment. Is the problem a design fault? If so, perhaps run off pipes can be installed. Maybe the balconies need to have a small lip added so that owners push the water down through their drains instead of over the balcony. If there is a technical solution the body corporate should consider it.
However, in some cases though it is difficult to fix the problem by rectifying the building. Then, you might need to appeal to individual owners to have them change their behaviour. A letter from the committee to the relevant owners might help but occupants change and people forget over time. Otherwise you might have to take action against individual owners – not pleasant or easy but something to be considered.
William Marquand
Tower Body Corporate
E: [email protected]
P: 07 5609 4924
This post appears in Strata News #457/a>.
Question: We are unable to navigate an area of common property at night due to a bright light shining into the space from a neighbour.
We are unable to navigate 6 steps to the clothesline at night without being blinded by a light shining into this space from a neighbour.
The area of Common Property has become dangerous and impossible to use at night due to residents being blinded by the light.
Answer: Given that the light is affecting common property, we recommend that you contact the Body Corporate Manager and/or Committee with your concerns.
Light coming from a lot in the Scheme
Light can cause a nuisance and interfere unreasonably with the use or enjoyment of the common property, which may contravene:
- s.167 of the Body Corporate and Community Management Act 1997 (‘the Act’) regarding nuisance; and/or
- the Scheme’s by-laws, if there is a relevant by-law (such as creating a nuisance or a hazard).
Given that the light is affecting common property, we recommend that you contact the Body Corporate Manager and/or Committee with your concerns. If no action is taken by the Body Corporate, you can:
- progress the contravention of s.167 of the Act through the Commissioner’s Office; and/or
- issue a BCCM Form 1 to the Body Corporate requesting that it takes action in respect of the by-law contravention (if any). If no action is taken by the Body Corporate, you can then progress to the Commissioner’s Office.
Light coming from a neighbour outside the Scheme
If the light is coming from a neighbour that is not located within the Scheme, we recommend that you contact your local council about the light nuisance.
Given that the light is affecting common property, the Council may require the involvement of the Body Corporate in making a complaint.
Peter Hunt
Mathews Hunt Legal
E: [email protected]
This post appears in Strata News #246.
Read More:
- VIC: Q&A The Solution to Light Pollution from Neighbours
- NSW: Q&A Light Shining Into the Apartment Causing Nuisance
Visit our Strata Noise & Neighbours OR Strata Legislation Queensland pages.
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