Forums Neighbour noise Current Page

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  • #10693 Reply | Quote
    Peter Gray
    Flatchatter

      My downstairs neighbour has replaced the ceiling ventilation fan in his bathroom with a new but noisy one. It’s on the same switch as his bathroom light so when the light’s on so is the fan. I hear it in my unit but especially in my bedroom. It wakes me at night and in the morning. It’s driving me crazy. Although my neighbour expresses sympathy, he seems to have no intention of doing anything. I had never been disturbed by a fan in the past. Do I have any rights in this matter? Is there anything I can do to have him replace the fan with a quieter one?  

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #25627 Reply
      Jimmy-T
      Keymaster

        What does it say about noise and the “right to peaceful enjoyment” in your by-laws? Not being cheeky – by-laws differ from building to building.

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
        #25630 Reply
        Peter Gray
        Flatchatter
        Chat-starter

          How do I get a copy of our by-laws? I’m a real novice when it comes to things strata.

          #25631 Reply
          Peter Gray
          Flatchatter
          Chat-starter

            Jimmy T- the act that sets out our by-laws does say “must not create any noise … likely to interfere with the peaceful enjoyment of an owner…”. So I guess I just bring my problem to the attention of the strata manager and have him deal with it. How does that sound?

            Thanks for your interest and direction.

            #25632 Reply
            Jimmy-T
            Keymaster


              @Peter
              Gray said:
              How do I get a copy of our by-laws? I’m a real novice when it comes to things strata.  

              Your by-laws should be attached to your contract of sale and your agend or minutes for your AGMs.  Ask your strata manager for a copy if you can’t find them.

              Strictly speaking you should go to your strata committee first unless they have delegated all their responsibilities to the strata manger and then go to them.

              Have a look at this explanation of the basic options for raising issues.

              By the way, your neighbour has probably interfered with common property by installing this fan so you have every chance of success.

              If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
              #25633 Reply
              Peter Gray
              Flatchatter
              Chat-starter

                Jimmy T thanks for your advice. The fan replaced one that was already there although I’m not sure if the previous owners had permission to install it. Its set into a false ceiling and may not be ducted. Anyway I’ll follow your advice. Thanks again.

                p.s. I’ve heard you on James Valentine’s program – always informative.

                #25644 Reply
                Jimmy-T
                Keymaster

                  If the fan isn’t ducted then you could be facing problems a lot worse than noise (so I wouls assume it was).

                  This may simply be a case of a poor DIY installation that has remove noise reduction measure or it could be inappropriate equipment for the job.

                  Talk to your committee and/or strata manager. 

                  If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
                Viewing 6 replies - 1 through 6 (of 6 total)
                Reply To: Noisy Ceiling Ventilation Fan
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