Question: Our neighbour’s lights shine into our bedroom and disturb our sleep. We’ve tried talking to them respectfully, but this hasn’t been successful. Is there anything we can do?
We are long-term owner-occupiers in a small townhouse complex established under the building format plan. New tenant neighbours have installed external lightbulbs that shine into our bedrooms and disturb our sleep. We’ve tried talking to them respectfully, but this hasn’t been successful. Is there anything we can do?
Answer: Report the issue to your body corporate and see what they say.
You have done the right thing in approaching the occupants to try and resolve the situation, but as they are unwilling to assist, you need to escalate to the next level of complaint.
As a starting point, you can report the issue to your body corporate and see what they say.
Generally, any changes to the exterior of the lot should be authorised by the body corporate, so there should be a record approval for the new lights. If they weren’t approved, the body corporate could request that the lights be removed.
In making any submission to the body corporate, you should gather clear evidence to show how you are being disturbed – photos of the light entering your room, details of when this started and the times it occurs, etc.
You should also check your scheme’s by-laws to see if the lights breach any of the by-laws. If so, you could send the body corporate a Form 1 contravention notice formally identifying the problem.
It could be classified as a nuisance if it does not appear to be a by-law breach. Section 167 of the Body Corporate and Community Management Act 1997 may apply. This states:
- 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:
- causes a nuisance or hazard; or
- interferes unreasonably with the use or enjoyment of another lot included in the scheme; or
- interferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property.
There are other alternatives. Perhaps you could contact the lot owner or property agent directly to state your issue. You could obtain these details by asking the body corporate for a copy of the roll.
Or, if necessary, you could file a complaint against the occupant via the Commissioner’s office. The government website has a good review of your options and how to manage them: Queensland Government: Self resolution for disputes.
It can be a pain going through these steps, but if you want to resolve the issue, the best method is escalation through the formal channels.
This post appears in the September 2024 edition of The QLD Strata Magazine.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
Fantastic source of information and learning in the World of Strata Living..
Many of the issues raised are very relevant and common.,
So don’t be scared to ask questions..!
Re: Strata News #555
Dear Mr Chris Irons,
Thank you so much for your sage advice and recognition of our difficult and complex situation. There is an option you have not mentioned – a fantasy. We win the lottery, approach the owner of next door, buy it and swiftly solve the problem. In reality we are still trying to find the courage to act. We appreciate your encouragement to do so.
Kind regards.
Why has no one mentioned the option of going to the property manager.?
Put in a complaint and find others who are also affected by this idiot who is renting… The property manager can then issue Breach notices…Simple..?
Hi Taking a Deep Breath
The following response has been provided by Chris Irons, Hynes Legal:
Well done on getting this far then. Yes, it’s a challenge to act. It seems daunting at times. One thing that I often say to people at seminars and events is that nothing changes unless someone is prepared to do something.
Best of luck moving forward.
Could burning incense on outside patios up to 12/15 hours a day be classed as a nuisance or hazard? I have had to close my windows and doors on many occasions.
Yes, this is interfering with your peace and enjoyment, is it not..?
Re water from balconies interfering with the enjoyment of residents in lower units.
We live in a building of 14 stories and we live on the 6 th floor.
Every 3 months on a weekend there is a “Balcony wash Down” These weekends are announced well in advance.
Every floor starting with the top floor has an hour to wash down their balcony when water is likely to run to lower units. This works very well and we have not had any complaints since this started over 15 years ago.
Of course any resident can wash their balcony outside these weekends as long as they block the drainage pipe so residents can than mop up the water without inconveniencing others living below them. .
Hi ietje
What an excellent strata living tip. This sounds like a very practical and organised way to overcome the problem. We’ll be sharing this tip with our QLD body corporate audience in this coming edition of The QLD Strata Magazine, due out on Friday. Thanks for sharing!