Annoying neighbor launching STRATA noise complaints

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  [Deactivated] on 26/07/2018 - 13:54

  I lived for a couple of years in an apartment in a building constructed in the early 1600s; huge thick stone walls, and thick floor boards. We were on the top / attic floor, and didn't hear anything from any neighbour or people in the buildings adjacent (in physical contact with ours), ever. It was a wonderfully quiet experience. Of course, that kind of construction these days, especially in Australia, would cost a fortune or might not meet some particular building regulations.

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  garage sale on 26/07/2018 - 16:59

  Kids in apartments is just something neighbours need to suck up or move …..building boom is apartments and people breed ….nobody corp by law of no kids ..anywhere.

  When people say "go to court" not sure of other states, but in Victoria these things are handled at VACT via mediation, no lawyers, no costs awarded to other parties if they do want engage legal assistance….no people in wigs, etc, and it's cheap to lodge for a hearing, sample place people go to when landlord doesn't want to fix leaky roof, etc.

  Might be worth to respond to the body corporate and ask them to seek mediation so that you are seen as being proactive good neighbour.

  Councils have guidelines for noise (level) and between what times, and I doubt kids in an apartment would reach those levels ….also does the apartment have carpets or floorboards, or just concrete and it hasn't been altered (eg removed carpet and put down floorboards.

  I think you will find that if it goes to VCAT, the body corporate and the neighbour might back off as nobody wants to be on the public record as being "kid unfriendly".

  If baby cries what do they expect you to do, muffle it with a pillow.

  Doors slamming at night, people on stairs, washing machines going off, kids crying or playing, these are all part of apartment living, and if people can't handle it they need to buy free standing house.

  Go the VCAT path, it's cheap, means you aren't directly confronted by angry neighbour or lazy body corp (easy to send letter, pain to go to VCAT) , and they need to record their arguements and reasoning in writing, and everybody loves kids and wants them to be active, healthy and happy.

  The govt can't afford a policy that says kids aren't welcome in apartments after their planning for growth is based on high density living.

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    Dan_ on 26/07/2018 - 18:45

    +2

    Doors slamming at night, people on stairs, washing machines going off, kids crying or playing, these are all part of apartment living, and if people can't handle it they need to buy free standing house.

    The households with fewer people (with no need for a backyard or more rooms), for whom apartments are best suited, are the ones who should get a free standing house while families with young kids should continue cramming themselves into a shoebox and use the corridor as a backyard substitute. Riiight…

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  PAPower on 27/07/2018 - 05:48

  My neighbour keeps renovating in the middle of the night again - strata management unit(s)
  I was searching for help but could not find any helpful information. So far I called police twice - not sure if they attended? and also talked to neighbour directly.

  Anyone here took this matter seriously and could shed some lights please? My neighbour just won't stop…

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    frostman on 27/07/2018 - 08:53

    Contact STRATA and ask about any Bylaws concerning Noise.
    Read through it and if he/she is breaching the bylaw, contact the STRATA via EMAIL and advise of the breach.
    Keep records and contact them 2-3 times.
    When you dont get an answer, take it to the Tribunal

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  [Deactivated] on 27/07/2018 - 10:08

  +1

  The relevant legislation for NSW is:

  Strata Schemes Management Act 2015 (NSW)

  Strata Schemes Management Regulation 2016 (NSW)

  Most schemes adopt model bylaws, but which ones apply will depend on when the Strata Plan was approved. If pre-1996, then this clause says it's in Schedule 2 of the Regs, however if between 1996 and 1 Jan 2018 (the commencement of the new Regs) it looks like whatever was registered, and for schemes registered after commencement of the new Act it looks like they're in Schedule 3 of the Regs. Jesus, what a mess.

  Now i don't know how old your place is, as that would be roughly when the Strata Plan was approved, but the fact is the noise by-law that likely applies to your strata is what is shown in Schedule 2 (note Schedule 3 has identical wording):

  6 NOISE - An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.

  However they may have been modified by the Owners Corporation. I would email the Strata Managers and ask for a copy of the bylaws - they've got obligations these days to ensure they're all consolidated so that shouldn't be difficult for them. It's likely what i've shown above, but it is possible they've modified it.

  Assuming the extract i've provided applies, then what those general words mean will have been pretty much sorted out by NCAT through decisions of individual cases.

  Without me doing more work, i can tell you that they'll need evidence that you're breaching the bylaw. A complaint or series of complaints alone won't be enough. It's a drag of a process, and NCAT don't issue fines willy nilly just because an Owners Corp has commenced an action.

  I wouldn't worry too much about it, but i would talk to whoever raised it even though they should really have approached you first. But to be clear, the Owners Corp through the strata manager HAS NO POWER TO ISSUE A FINE DIRECTLY, though some scumbags in the industry try to suggest otherwise.

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    frostman on 27/07/2018 - 12:57

    I wouldn't worry too much about it, but i would talk to whoever raised it even though they should really have approached you first

    Very much agree

    Owners Corp through the strata manager HAS NO POWER TO ISSUE A FINE DIRECTLY

    So generally, how is a breach of by-law enacted?

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    PAPower on 28/07/2018 - 19:15

    Thanks for this. Very informative. However, Strata Title Act in SA is far more lenient.

    Basically there's no regulation about noise limit etc. I talked to local police and they said power tools / renovation are allowed between 7am-7pm everyday except Sunday. As far as I'm concerned, SA police is lenient & powerless, too. I rang up and made 2 complaints but neighbour just continued as nothing happened. OK, somebody might argue that this sort of things is not urgent and police force is not that abundant.

    I guess I can:
    - Move out - implication on bond / rent etc.
    - Take it up to Tribunal (SACAT), hope for a favourable order and SA police can enact that order.
    - Put up with it, wait until the bloody renovation is finished and bring to that warming house party a bottle of FISH sauce.

    P/S: I've tried many times to communicate in the nicest way possible. Not a single swear word was used, even being waken up at 4 a.m.

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  natsu on 05/02/2020 - 16:51

  We have been living in this quiet apartment in a quiet suburb for 7 years, early last year a family with kids bought the upstairs apartment and moved in, their boy just has been running, jumping and screaming upstairs everyday!!! as long as he is home! ever since then, our life turned into a nightmare, we can hear the kid running upstairs back and forth, back and forth, jumping from time to time during the whole day…

  You cannot imagine how painful it is for people living downstairs like us! what did we do and we have to suffer from this everyday when we back home?? I have serious depression and have been taking medication for over 8 years, this worsened my anxiety issue. we love our home and never thought to move, we cannot afford to sell this one and buy another property too.

  we have to complain to strata too, but the issue is still there, if strata cannot resolve this, we will complaint to council or even bring this matter to court. We dont believe we have to suffer all these things just because some selfish parents who cannot even be a little bit considerate for people living downstairs - cannot teach their kid not to be selfish!!!

  If I have kid at home, I will teach them from the beginning that we are sharing the same building with our neighbors, don't run and jump at home because this will disturb other people living downstairs, ask them to learn to be considerate for others when they are small!

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    HelloV10 on 17/01/2021 - 22:05

    Hi natsu,

    Have you resolved the issue?

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  natsu on 05/02/2020 - 16:58

  oh and forgot to mention, when i was a kid we also lived in an apartment, I never ran and jumped at home, simply because it's not allowed. My parent was able to teach me not to be selfish and be considerate for our neighbors, when i was a kid I know not to cause loud noise at home, never bring trouble for others, never drag things on the floor because the noise would trouble people downstairs, this is not about kid's nature, they can run and jump outside not at home. it's all about education they received from their parents.

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    Baysew on 05/02/2020 - 17:04

    So are you the OP's annoying neighbour?

    This thread is 18 months old.

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      natsu on 05/02/2020 - 17:12

      lol, no, we have been suffering from kids running and jumping issue here too so we have been googling this and see what we can do.

      we had talked to people upstairs via intercom, left courtesy note in their mail box and car, oh man nothing worked lol

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  didaswiwaw on 06/02/2020 - 18:41

  Because of this thread now i know that I don't want to live in an apartment. Some people are just very sound sensitive which is quite troublesome to deal with.

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  HelloV10 on 17/01/2021 - 22:04

  You are so selfish. You are the one with the kids and you are responsible for their behavior. Why do they have to suffer because of your kids? Be responsible and put some carpets or something.

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