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.
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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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