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?
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.
Have a question or something to add to the article? Leave a comment below.
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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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We are a body corporate of 5 townhouses. The lighting on the driveway to all units goes off at 10 pm at night – leaving the area in darkness until daylight next day. This has been decided by two persons. I have read we should by law have lighting on all night either sensor electric lights or the original lights we have. We now have one unit rented and there is a dip in the driveway area from the visitor parking area. I have mentioned this in emails that we should have lights from dusk to dawn. We are in Queensland. Where does the Body Corporate stand. With thanks for information.
Hi Doris
Hopefully this QLD Q&A will assist: Question: As a tenant, can my daughter expect to feel safe on the common property of her apartment building? The body corporate is aware the lighting is not working but refuses to carry out repairs due to the cost.
Hi I have just bought into a complex of 14. My question is this…..
The lighting on common walkway outside my front door and my bedroom window is excessive. It also comes on at 5pm and goes off about 6 am. The lights arr extremely bright and keep me awake. I have plantation shutters which in usual lighting would be fine, but light comes through. If I wake during night I’m confused if it’s daytime or night time! Help
I am being told by President that these comply with the “Code” and can’t be dimmed, is this true?
Michelle
Don’t believe that is correct . Put a motion forward to the body corporate management ask for the timers to be adjusted
We recently became part of a body corporate. There is a common garssed space and road down the property. When the units were built a street light was installed at the entrance and another is half way down the road. They have never been activated. Is the body corporate legally required to provide a lit street?
Thank you, Jane
How do we find out what the minimum lux levels are for our strata property? We currently have two very bright lights that shine directly into our windows (one right outside our bedroom window, about a metre away), and despite our requests to dim the lighting nothing has been done. We would like to be able to provide the guidelines so that we can reach the minimum required level without having flourescent lights shining in our windows!
Hi Cassie
This article will assist: https://www.lookupstrata.com.au/vic-light-pollution-from-neighbours/