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We live in a mixed residential and business block and have been having noise issues (as mentioned here earlier: http://www.flatchat.com.au/forum/strata-managers/acoustical-engineers-in-sydney). We were hoping for some advice as to what we might do now. We live in NSW and own the place.
In brief, our long standing problem is a regular sort of mechanical low level humming noise on and off throughout the night penetrating into our bedroom. We think the problem is from a butchers shop downstairs (although there’s a carpark in between) who has refrigeration equipment installed to the wall without any noise insulation.
We’ve taken it to our executive committee, who are now refusing to take any further action.
The EC wrote to the butcher, and he replied he thought the problem was some equipment on common property (near a lift well, possibly a lift related gear or transformer?) on our floor not too far from our room. He said that should be looked into, and refused to do anything unless there was some proof that he was the problem rather than that. The committee has refused to investigate further, although they would look at any report we might give them.
That’s where we are now. Can the EC can refuse to check it out if the problem might be something that’s strata’s responsibility, and is it something we can/should look at taking to mediation or the CTTT? Or should we just bite the bullet and start looking for some kind of engineer to formally identify the source of the problem?
Any suggestions would be greatly appreciated.
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The noise must be bearable as in the 12 months since you initially raised this issue you’ve progressed from being a tenant to an owner; presumably of the same Unit (?).
Back to the issue though, have you considered a process of elimination by in the first instance liaising with the butcher to turn off the refrigeration systems for a short period so that you can then ascertain whether or not the noise stops?
Have a look at this document HERE – it explains the kind of noise that is unacceptable in residential premises.
Now, set that aside and, working on the assumption that the noise is coming from somewhere in the strata scheme, your EC can’t simply decide to put this in the ‘too hard’ basket. They have a statutory duty to maintain common property and to uphold their by-laws.
What you want to do now is apply for mediation, preparatory to taking an order against the Owners Corp, demanding that they investigate and take action to resolve the issue.
Your by-laws will almost certainly have a clause entitling you to the peaceful enjoyment of your lot. You can apply to the CTTT to issue an order compelling the Owners Corp to take action on this.
I have reproduced the relevant clause below. You can find out how to get an order at the CTTT here – click on the link and scroll down to “CTTT ORDERS”.
By the way, mediation is a mandatory step in this process but you might be able to get agreement from your EC to do the right thing at that stage and save everyone a lot of hassle while still ending up with a positive result.
138 General power of Adjudicator to make orders to settle disputes or rectify complaints
(1) An Adjudicator may make an order to settle a dispute or complaint about:
(a) an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme, or
(b) the operation, administration or management of a strata scheme under this Act.
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