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  • #77050
    Sage-grouse
    Flatchatter

      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?

    Viewing 11 replies - 1 through 11 (of 11 total)
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    • #77062
      Player 1
      Flatchatter

        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.

         

        #77068
        Sir Humphrey
        Strataguru

          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.

          #77070
          Sage-grouse
          Flatchatter
          Chat-starter

            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.

            Strata plan I am at. These are flood lights pointing at an awkward angle.

             

            #77079
            kaindub
            Flatchatter

              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.

              #77090
              Sage-grouse
              Flatchatter
              Chat-starter

                Yeah tried all these. The fix is simple and wouldn’t cost really a dime but the OC is hostile. Actually they know they have messed up and don’t want to acknowledge the mistake now. Hence thinking about NCAT.

                 

                #77095
                Jimmy-T
                Keymaster

                  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.
                  #77252
                  Smokeye
                  Flatchatter

                    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.

                    1. 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.
                    2. Sit back and wait.
                    3. 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.”
                    4. 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.
                    5. 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!

                    #77254
                    Jimmy-T
                    Keymaster

                      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.
                      #77331
                      Sage-grouse
                      Flatchatter
                      Chat-starter

                        Smokeye & Jimmy-T, the fight continues. As you predicted they have declined the mediation. Will keep you posted.

                        #77348
                        Smokeye
                        Flatchatter

                          @Sage-grouse, this is great news! You are now free to go straight to NCAT and lodge your application.

                          To answer your question about the chances at tribunal. Hard to say. I’m also not a lawyer, but I would think this would loosely fall under section 153 of the SSMA, also known as the “nuisance” provisions of the Act.

                          https://classic.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s153.html

                          That’s why I’d word my email with the phrase “peaceful enjoyment”.

                          s1(c): “(c) use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.”

                          It’s a long shot but it can’t hurt to try.

                          #77433
                          Sage-grouse
                          Flatchatter
                          Chat-starter

                            Thanks Smokeye. Yeah it’s a longshot but the repercussions are I have to live with this for unforeseeable future which I am not willing to so worth a fight. I have a few angles which I am looking at as the tribunal will decide based on evidence.

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