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What are the chances at NCAT over lights in common areas which are intrusive in your property and causes a disruption to your sleep plus general nuisance. Has anyone ever experienced something similar?
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To clarify, are we dealing with lighing at the Strata Plan you are at? Or a neighbouring Strata Plan or Torrens Title? And are the lights in question the usual strata poly-sphere lights or directional spot lights.
Where I am, we put a piece of opaque card inside a light fitting on the side facing a unit that was bothered by the light. Simple and cost nothing.
The obvious question is have you asked the Owners Corporation to adjust the lights
The adjustment can be physical (ie moving the direction they point) or changing the timing.
If you have asked, and the answer is no, then its pretty bad of the committee or the OC.
Perhaps its a cost issue for the OC. Have you considered paying for the redirection or reprogramming of the lights?
Perhaps its a safety or security issue. You may have to do some homework to convince the committee that neither of these is unsolveable.
Any thing is possible in NCAT, but I dont recall any specific part of the legislation that deals with this.
Have you tried mediation. I think it would be the most effective way in this case.
The first step in an NCAT action is compulsory but free mediation at Fair Trading. That should get the problem resolved and if it doesn’t then you have taken the necessary first step. In fact, just getting a notice that they are being invited to attend mediation gets most strata committees’ attention.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Sage-grouse. Your actions here are very straightforward.
It sounds like you’ve already raised this with the OC. Do you have their refusal in writing?
Here’s what I’d do.
- Email: Dear OC, I have previously raised the issue about the common property light interfering with the peaceful enjoyment of my lot. I would like to kindly request that you [insert whatever solution you have]. This is a very easy fix and will cost you next to nothing.
- Sit back and wait.
- If, after 14 days, you’ve had no response, or a “get lost” response, you can proceed to mediation. It’s free, but the process is slow. Stick to the facts. It doesn’t have to be an essay. “There is a common property light shining into my lot and causing me distress and loss of sleep. It is a very easy fix. I have raised this with the owners corporation on a number of occasions and they have declined to act on the matter.”
- The OC will receive the mediation request via your strata manager or whoever you nominate to act on the OC’s behalf. They can either decide to agree to meditation, or they can decline it.
- Hopefully, they will decline mediation. This gives you the green light to go straight to NCAT.
As always:
- Keep calm
- Stick to the facts
- Document EVERYTHING
- Be clear about what you want
Good luck! Keep us posted!
It sounds like you’ve already raised this with the OC. Do you have their refusal in writing?
The timing on that is critical. If you get a rejection, or no response within two months, you can proceed to Fair Trading as outlined above. I suspect the relevant section of the Act would be S.232 (2) – for failure to fulfill their responsibilities (which you might mention in your letter).
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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