This VIC article is about lighting in common areas in Victoria.
Table of Contents:
- QUESTION: A repair is required for a light situated on lot property that contributes to the lighting of common areas. Who is responsible for maintaining fittings and services related to common property but located on private property?
- QUESTION: For exterior lighting in common areas, would sensor lights which come on only when they detect motion be OHS compliant?
- QUESTION: Quite a while back, our lighting in common areas was connected via a few individual lots. The residents of those lots pay for electricity use. Some lots are now tenanted. Is this arrangement enforceable?
- QUESTION: What are the OH&S regulations regarding outdoor lighting in common areas?
Question: A repair is required for a light situated on lot property that contributes to the lighting of common areas. Who is responsible for maintaining fittings and services related to common property but located on private property?
A bollard light in a non-common area of owners corporation property is damaged and needs repair. This light is connected to the common area lights that turn on at dusk. It’s on the same electrical line and works off the same electrical circuit as the driveway lights in the common area.
The committee agreed to pay half of the cost, with the owner paying the remainder. The committee say that any further issue with the light would be the owner’s responsibility. The light’s power usage is included in the electricity bill for the common area, which is paid for by the owners corporation.
Who is responsible for the maintenance of the light?
Answer: The purpose of the bollard light will inform responsibility for repairs.
Under sections 4(b) and 46 of the Owners Corporations Act 2006 (Vic) (OCA), an owners corporation is obligated to repair and maintain the common property together with the chattels, fixtures fittings and services related to the common property or its enjoyment. Further, an owners corporation must repair and maintain chattels, fixtures, fittings and services that relate to the common property or its enjoyment, even if they are located on private property.
Additionally, section 47(1) of the OCA requires an owners corporation to repair and maintain services in or relating to a lot that is for the benefit of more than one lot and the common property.
The above contrasts with section 129 of the OCA that states a lot owner must maintain in a state of good and serviceable repair any part of their lot that affects the outward or appearance of their lot or the use or enjoyment of the common property. This includes maintaining a service that serves that lot exclusively.
The purpose of the bollard light will inform responsibility for repairs. If we assume the bollard light is located on lot property but illuminates common property, we consider the owners corporation is responsible for the repairs. If the bollard light only illuminates the lot and does not relate to or benefit the common property, the lot owner would be held liable for its repair and maintenance.
Based on the information provided that the bollard light is connected to the common area driveway lights, which illuminate at dusk, and the owners corporation pays for the electricity to service it, we consider it is likely the owners corporation is liable for the cost of repairing it.
Fabienne Loncar Moray & Agnew Lawyers E: floncar@moray.com.au P: +61 3 8687 7319
This post appears in the October 2023 edition of The VIC Strata Magazine.
Question: For exterior lighting in common areas, would sensor lights which come on only when they detect motion be OHS compliant?
We are looking to make our exterior lighting in common areas compliant but don’t want lights on unnecessarily all night. Would sensor lights which come on only when they detect motion be OHS compliant, rather than lights which are light sensitive and stay on all night.
Answer: Exterior lighting must comply with the Building Codes of Australia.
Exterior lighting must comply with the BCA (Building Codes of Australia) and AS 1680. Basically, there needs to be a minimum LUX level at all times due to the inherent risks posed around buildings. The LUX level is determined by the risk category that your building falls under.
Lights that only come on when the sun goes down and hold at the minimum level then illuminate with motion are the best way to go.
Tracey Wyber E: tracey@trackieind.com.au W: Trackie Industries
This post appears in Strata News #257.
Question: Quite a while back, our lighting in common areas was connected via a few individual lots. The residents of those lots pay for electricity use. Some lots are now tenanted. Is this arrangement enforceable?
Our Owners Corporation in Victoria doesn’t have any “common” power. When the complex was first established, an Owners Corporation resolution was passed to fix security/safety lighting to the exterior walls of four of the units. The lights would come on between dusk and dawn. Two of these lights have since been changed to sensor lights. The owners of these units agreed to the installation and subsequent charges to their electricity accounts. It was seen as a “community contribution”. The Owners Corporation has always maintained and replaced the lighting when necessary.
Over the passage of time, owners have come and gone and, at times, those units are now tenant occupied. This has resulted in less of a community attitude towards contributing to our lighting in common areas and, in some instances, the lights have been disengaged or the tenants are now demanding compensation.
The Owners Corporation has explored other alternatives to providing safety lighting, but have found all alternatives too costly. It has also been unable to determine a method of compensation to individual owners/tenants.
Can the Owners Corporation pass and enforce a special resolution (to be put into its by-laws) to the effect that the lights must be functional and not interfered with, however, the minimal running cost is the responsibility of the owner and/or tenant?
Answer: The Owners Corporation would not be able to enforce a rule, nor create one, that puts an obligation on an occupant of a Lot to pay for the running costs of a light that is benefiting the whole community.
The Owners Corporation would not be able to enforce a rule, nor create one, that puts an obligation on an occupant of a Lot to pay for the running costs of a light that is benefiting the whole community. All costs in running the Owners Corporation, including the lights, must be billed to all Lot owners based on Lot Liability (not tenants as your current situation).
On appearances the original owners of the units gave permission on their own behalf for the Owners Corporation to use their electricity to power the Common Lights, whether that was verbally or in writing is unknown, however, this does not oblige future owners and/or residents from doing the same.
Even though it may cost more in the short term it would be advisable for the Owners Corporation to fund rewiring of the existing lights to include them on their own power supply that is billed to the Owners Corporation, or maybe even think of other alternative such as solar powered lights which maybe not require as much new wiring and not have any cost burden on the occupant nor the Owners Corporation.
The Knight Email P: 03 9509 3144
This post appears in Strata News #176.
Question: What are the OH&S regulations regarding outdoor lighting in common areas?
I have an investment unit in Melbourne. I would like to know what the OH&S regulations are regarding outdoor lighting in common areas.
At present, our lighting is on for a regulated time all year 5pm – 7am. I think it should be adjusted for different seasons.
Are there regulated times this lighting should be on or are we able to adjust it according to season eg summer longer natural light winter shorter? I would like to be able to share this information with the other owners in my building.
Answer
There are no regulations as such on timings, but it is expected that electric lighting in common areas should be on when natural light levels drop. The 5pm – 7 am window covers the periods of darkness around the year. Otherwise, this can be done in two ways:
- Via a Daylight Sensor or Photoelectric (PE) cell either integrated into the light itself or by connecting lights centrally to an external sensor.
- Via a Programmable timer with pre-entered times for different seasons.
If you are looking to replace your existing wall or pole mounted fittings, many of the new LED light fittings have the options of an integrated PE cell. These allow the light to sense the level of natural daylight & switch on automatically once the light sensor detects light levels below the set point.
The Knight Email P: 03 9509 3144
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Read next:
- VIC: Q&A Process to change the Registered Owners Corporation Rules
- VIC: Q&A Embedded Networks, Common Power & Smart Meters
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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