If you have any questions about any of the information on the CAO’s guided steps to common issues, please contact us directly.
Examples of common light issues include:
- Excessive light or flickering lights that filter into a unit from another unit or the common elements;
- Streetlights that are too bright, or building sign lights that seep into a unit;
- Lighting in the common elements not functioning; or
- Insufficient lighting in parking or storage areas.
When not dealt with properly, light can cause constant nuisance or annoyance to condo owners or occupants. In some cases, the effects of such issues can range from mild disruptions to major issues such as sleep deprivation and other related health issues. In other instances, insufficient lighting in the condo can create a feeling of insecurity, or pose an actual security concern.
Have a Question?
Under section 58 of the Condominium Act, 1998 (the Condo Act), condo corporations can adopt rules to:
- Promote the safety, security or welfare of the owners and of the property;
- Prevent unreasonable interference with the use and enjoyment of the units or common elements of the corporation.
Accordingly, condo corporations will often have rules that:
- Determine the use of lighting (i.e. the brightness, location, amount) in shared and exclusive common elements; or
- Determine the use or location of motion sensor lights.
If you are experiencing a light issue, you may want to first review your condo corporation’s governing documents to understand if your condo has any light-related provisions or obligations.
A condo corporation’s governing documents are required to be consistent with the Condo Act. In addition, a condo corporation’s by-laws and rules must be consistent with the declaration and must be reasonable.
For an overview of declarations, by-laws and rules, visit our website.
Don’t have a copy of your condo corporation’s declaration, by-laws or rules?
How does the Condo Act apply?
Under subsection 119 (1) of the Condo Act, if your condo corporation’s governing documents deal with light, everyone is required to follow them.
Under the Condo Act, owners and condo corporations are also required to maintain and repair their respective portions of the condo. Most commonly, condo corporations are responsible for the common elements of the condo, while owners are responsible for their units and the common elements that they have exclusive use over.
Poor lighting in a parking or storage area may cause someone to fall and injure themselves. Therefore, it is important for you to notify your condo corporation immediately if you notice that lighting is an issue in a unit or the common elements.
If a light issue does occur, it may need to be addressed immediately. Section 117 of the Condo Act prohibits anyone from allowing or causing any condition to exist, or carry on with any activity in a unit or in the common elements, that are likely to damage the property, or to injure someone.
Furthermore, under section 17 (3) of the Condo Act, condo corporations are required to take all reasonable steps to ensure that everyone complies with the Condo Act and the condo corporation’s governing documents.
Therefore, if your condo corporation is aware of a light issue that violates the corporation’s governing documents, they are legally required to take action to address it. For this reason, it is important for you to notify your condo corporation if you have a light issue.
Other Legal Considerations
While condo corporations are required to ensure that everyone complies with the Condo Act and with the condo corporation’s governing documents, they may not be able to control what happens outside of the condo corporation’s property or physical boundaries.
Depending on the type of issue you’re experiencing, you may also wish to review your municipality’s by-laws, or contact the organization responsible for your municipality’s by-law enforcement. Municipalities may have by-laws that, for example, deal with outside light infiltration into one’s home.
Need more help?
Mediation and arbitration are effective ways to resolve disputes where the parties are unable to reach a resolution themselves. Mediation and arbitration are commonly used to help resolve difficult condo disputes and are sometimes called alternative dispute resolution (ADR).
Under section 132 (4) of the Condominium Act, 1998, all condo corporations in the province are deemed to have a provision in their declaration stating that disputes regarding the declaration, by-laws or rules must be filed for mediation or arbitration. Your condo corporation may also have a by-law establishing the procedure that must be followed in the event of a dispute.
If you have been asked to participate in a mediation or arbitration, you are likely legally required to participate.
If you want to try mediation or arbitration for an unresolved issue, you will need to find a mediator or arbitrator who can assist you. You can search for a mediator or arbitrator online and through organizations that provide ADR services, such as the ADR Institute of Ontario.
Mediation is a process where a neutral facilitator tries to bring the parties to a mutually agreeable solution. Mediation is the preferred approach because it’s often less costly and it gives the parties an opportunity to collaborate on finding a solution that everyone is comfortable with.
If mediation fails, binding arbitration is the next step. Arbitration is a process where an arbitrator (or panel of arbitrators) conducts a hearing and makes a ruling on the issues in the dispute. The parties involved in the dispute bring evidence to this hearing and then the arbitrator makes a binding decision. There are some cases where an arbitration decision can successfully be appealed to court.
Further legal action
If you are considering legal action against a neighbour or your condo corporation, you may wish to talk to a lawyer or paralegal. It is recommended that you try mediation and/or arbitration before taking a dispute to court.