Reply To: Chairman blows up over look of air-con unit (Vic)

Hi all

Late last night we recieved a formal breach notice from the OC Manager – it is a different manager (same company) but is unlikely to be aware of the situation and that a dispute is in process.

We were breached for noise. Apparently neighbours have complained that the unit is loud and they can hear it. The complaint from the OCC is rambling and says all sorts of things about how it looks and its placement as well. There was a threat of VCAT .

In the first instance, I asked for the original written complaint, evidence of times and days that the apparent noise breach happened, the process the OCC took when deciding to breach, the notice be in the proper form and that we are given the proper 28 days to address this.

The neighbour who apparently made the complaint has been quite interesting. She initially complained to us about light as we had asked for some lighting to be installed as it is completely pitched black at the end of our flats. I reached a solution with her and got a much lower emitting light bulb for our porch light. She did mention to me that she could hear the air conditioning unit when I was testing it and it was on full belt. Since then, we keep it on the lowest fan setting and quiet mode. We also mentioned that we have asked the OCC to allow us to install a cover and we would put in special noise cancelling lining – but the issue is the Chair is not allowing any of this. I am genuinely trying to sort this out.

I actually doubt she made a formal complaint. Moreover, we are not actually in breach of the EPA noise restrictions. We only use the air conditioning unit in times we are allowed to. It is a large but one of the least noisy ones on the market.

My next steps are to:

1. Obtain a letter from the air conditioning unit installers about noise and placement.
2. Get a noise check completed by the local council. Interestingly, they will need to go into her house to check the noise levels – this will determine if she actually made the complaint.
3. Call the police (again) and potentially put a personal order on him as we have recieved two complaints in two weeks, he has tried to intimidate and threaten us, and I am genuinely afraid of him turning up at my house.
4. Contacting our normal manager who I have a good relationship with.
5. Checking with VCAT (again) and asking their advice.
6. Considering having an informal chat with the other OCC member as I have never met her and I want to get a read on all of this.

This is all now starting to cost all lot owners – and it is being taken out of the annual levies as the OC Manager is charging us.

I am genuinely concerned about how this person is using their powers. I know that they are not following the proper process. I am feeling quite unsafe in my home and stressed out.

There is also our reply to his original complaint, which was supposed to be an informal resolution process. That should be landing soon. My response was so dry, factual, boring and legal that it will probably put him to sleep.

Love any words of wisdom.

A reminder that we are in Victoria