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