Forums By-laws and outlaws Current Page

  • Creator
    Topic
  • #8833 Reply | Quote

    Is Noise considered a breach of by law? Is one person complaining enough for it to be a breach? Can you send a Notice to Comply to the offender for this breach? If they do not comply is the next step to take it to tribunal?

Viewing 1 replies (of 1 total)
  • Author
    Replies
  • #18516 Reply
    Jimmy-T
    Keymaster


      @paula
      said:
      Is Noise considered a breach of by law? Is one person complaining enough for it to be a breach? Can you send a Notice to Comply to the offender for this breach? If they do not comply is the next step to take it to tribunal?

      First of all you need to look at your by-laws – there can’t be a breach if there isn’t a by-law in the first place.  That said, most buildings have a by-law that entitles owners to the “peaceful enjoyment of their lot”. With that in mind, excessive noise is a breach – what is excessive can be the volume, the frequency, the duration or combinations thereof.

      The EC (or the strata manager, if they have delegated powers) issues Notices To Comply in response to a complaint from a resident (owner or tenant).

      The NTC is a final warning, not a fine.  If the miscreant does it again, the EC or strata manager should apply to have a fine imposed at the CTTT – they don’t need to undertake mediation to do this.

      If the EC or strata manager doesn’t do it, individual owners or tenants can apply to Fair Trading for mediation, in the first instance, leading to an order at the CTTT.  The CTTT Order process is longer and more cumbersome but the fines are ten times higher if the miscreant breaches the order.

      This is all explained HERE.

      If you aren’t getting anywhere with your owners corp, Fair Trading or the CTTT you can apply to your district court for a Noise Abatement order – Details HERE where there is a link to a PDF leaflet that you can download.

       

      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 1 replies (of 1 total)
    Reply To: Noise-A Breach?
    PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

    You can use BBCodes to format your content.
    Your account can't use all available BBCodes, they will be stripped before saving.

    Your information:




    Forums By-laws and outlaws Current Page