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Our large scheme in NSW, has had several successes by requesting that complainant, committee representative and offender meet to conduct a simple noise test – that is, someone (not resident) walks around normally, moves chairs, drops keys etc. In the unit below a committee member (or other non related person), offender representative and complainant representative ‘witness’ any noise.
This can take some organising, and patience, but whether it is successful or not, the complainant has ‘evidence’ to take to tribunal/mediation.
In two of our own cases, the ‘offenders’ were so shocked by the noise created they voluntarily replaced/upgraded their flooring.
Two agreed to remove/upgrade their flooring at mediation, and we have had two wins at NCAT.
Our committee is now very comfortable with taking action (issuing Notice to Comply), where once it dallied and danced around.
