This Q&A about light nuisance from a neighbour has been answered by Peter Hunt, Mathews Hunt Legal.
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.
This post appears in Strata News #246.
- VIC: Q&A The Solution to Light Pollution from Neighbours
- NSW: Q&A Light Shining Into the Apartment Causing Nuisance
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