livingwell said:
Hello,
I am looking for the lawyers who have expirience in Strata law
specifically neighbour noise (music,loud talking on the balcony) to advise me on the ways to deal with it.
Or maybe someone can advise me on what to do.
I have searched the net on this issue however before I do something I need to take legal advice.
I have phoned few lawyers and it seems that they didn't really have knowledge
on this issue and one lawyer said -It is loud for you and not loud for him.This answer was alarming.
I have to mention that owners committee/managing agent refused to help me with that and told me to deal with it on my own.The problem is that the way appartments are positioned it disturbs only me.
I live in Sydney Eastern suburbs.
Thanks,
Joe
Music is food for the soul…but not everyone may like your music!
Apartment living is about respecting other people and owners have a right to “peaceful enjoyment” in their own homes.
Where a strata scheme has adopted the standard by-law 1 from schedule 1 in the Strata Schemes Management Act 1996 (SSMA), establishing that a particular noise is “likely to interfere with the peaceful enjoyment” of another lot owner is often difficult because determining whether a noise amounts to an “interference” is largely subjective. The SSMA does not prohibit the creation of noise nor does it specify any particular decibel reading will render the noise an interference.
If you have approached the noisy lot owner and the owners corporation are not willing to help you, you may want to lodge a s138 application for an order to restrain a breach of by-law 1. Note that prior to adjudication, formal mediation is required.
