Forums Neighbour noise Current Page

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  • #9931 Reply | Quote
    Austman
    Flatchatter

      I know the answer probably is that it’s illegal.  But is it?

      If the OC owns the locked common property main switchboard and no-one else has the key to it (meters are in other unlocked cabinets), when party noise is being made in the middle of the night, could an OC committee member go to the offending apartment and give the occupants a choice: Either they turn the music down or have their power cut until the morning?

      I’m not sure what the legal consequences would be.  We have our building gas cut off quite regularly by children playing around our gas meter.   Apparently this is only considered a nuisance – and it’s a civil issue.

      If the owner of a main switchboard (the OC) decides to temporarily cut the power to one lot, after giving a warning to offending residents, would it be considered a nuisance as well?  Power companies can cut the power too, after a warning, if a bill is not paid.

      I do wonder what the police, if even called, would do.  I’d guess they’d say “turn the power back on” but also they might tell the noise makers to quieten down and obey the law.  And by then the party would probably be over.  Could the police issue a fine because the owner of a switch flicked it off?

      We have a serial offender, who has an all night party (to past 6:00am) every month or two.  Breach notices are ignored.  And I suspect a VCAT order will be ignored too.  Getting the  police to even attend is difficult as the police are often too busy with other matters on a Friday or Saturday night.   I wonder if they’d even attend if the issue was that someone complained that their power was cut?

      If it’s only a civil matter, it might be worthwhile doing it.   And let the noise makers start the civil proceedings.

    Viewing 5 replies - 1 through 5 (of 5 total)
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    • #23183 Reply
      Jimmy-T
      Keymaster

        Yes, it’s probably illegal but it’s also bloody effective.

        If I were thinking of doing something like this (which, I reiterate, is illegal, certainly by my reading of the Electricity Supply Act – see below) I certainly wouldn’t issue a warning.  

        It is also in breach of Section 116 of the strata Act although, in my book, when individuals decide that the rules don’t apply to them, they don’t get to choose which rules do apply to everyone else.

        So, if you were to pursue this legally highly dubious path, make it unofficial. Don’t minute anything or discuss this in any way that would leave a paper trail. Don’t forget, an Owners Corporation is subject to many of the same laws as other corporations and, in this case, officially sanctioned illegal action  could lead to a maximum fine of $400,000 (a penalty point being $100). 

        So if you were determined to go down this highly ill-advised route, the way to proceed would be to quietly decide how you are going to get access and who is going to carry out this evil plan. Then, if a party gets out of hand, person or persons unknown can flip the switch, lock the utility cupboard door, and go back to bed.  

        Who’s to know that the combination of a stereo system, lights, phone chargers and spillage didn’t overload the system and trigger the emergency isolation trip switch?

        Sniff, sniff.  Can you smell smoke coming from the power cupboard? Did you know the Act allows us to cut off electricity in the event of an emergency? 

        Now that the extreme fire risk from an overloaded power board has been dealt with, let party boy call an electrician (about $1000 in the early hours of a Sunday morning) to get access to the fuse box. By the way, most electricians carry a pass key that gives them access to power cupboards in apartment buildings.

        The belt and braces approach, just in case Party Boy gets in right away and switches the juice back on, would be to flip the switch and cut the fuse wire, but that is dangerous and should never be done except by a qualified electrician. Or at all.

        In fact, none of this should never be done by anyone, ever (although I know of several building managers who find the mysterious loss of power to party pads solves a lot more problems than it creates).  And if you were thinking of breaking the law in this way, I certainly wouldn’t be informing your victim beforehand.

        65 Interference with electricity works

        (1) A person must not interfere with a network operator’s or retailer’s electricity works unless authorised to do so by the network operator or retailer concerned.

        Maximum penalty:

        (a) in the case of a corporation-4,000 penalty units, or (b) in any other case-200 penalty units or imprisonment for 5 years (or both). b) An offence under this section that is committed by an individual is an indictable offence.

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        #23184 Reply
        Boronia
        Flatchatter

          @JimmyT said:

          So if you were determined to go down this highly ill-advised route, the way to proceed would be to quietly decide how you are going to get access and who is going to carry out this evil plan. Then, if a party gets out of hand, person or persons unknown can flip the switch, lock the utility cupboard door, and go back to bed.  

          Who’s to know that the combination of a stereo system, lights, phone chargers and spillage didn’t overload the system and trigger the emergency isolation trip switch?

          Most units will have a sub-board within the unit itself, which is designed to trip out if there is an overload or earth leakage within the unit, rather than the main switches (which have higher ratings) doing so.

          Manually shutting off a circuit breaker leaves it in a different position than if it trips out due to overload, so it would be easy to tell if it had been interfered with.

          #23301 Reply
          Austman
          Flatchatter
          Chat-starter

            I’d still like to know what law(s) would apply.

            I don’t think it will be the Electricity Supply Act (or equivalent).   That seems to apply to “a network operator’s or retailer’s electricity works”.  And it’s the same or similar in Victoria.  I’ve spoken with our electricians and a representative from our electricity distributor and they both pointed out (they were physically on site at the time) that the building’s switchboard is not the distributor’s (or the retailer’s) equipment.  It’s privately owned.  As is the switchboard in a house.  And similar to a house, if a switch in the switchboard was flipped off it would not be the distributor’s or the retailer’s concern – the owner can do that if they want.

            So is it the OC Act only that applies?

            If one of our residents did turn the power off to another resident (and I’d hope they never would) , could and would the police take any action or would they see it as a domestic civil matter and leave it to the OC to solve? 

            Of course any OC would try to resolve the matter.

            #23303 Reply
            Jimmy-T
            Keymaster

              @Austman said:
              If one of our residents did turn the power off to another resident (and I’d hope they never would) , could and would the police take any action or would they see it as a domestic civil matter and leave it to the OC to solve? 

              Interesting that, as you pointed out, the Act refers to the “works” rather than the “supply”.

              Given that the police won’t interfere on strata issues unless they are preventing or dealing with a crime, you’re probably not going to get arrested for tripping the kill switch on a noisy neighbour.

              Cops deal with noisy parties because they are breaking the local council’s by-laws, not because they are breaching strata rules. 

              The son of a friend of mine is an electrician with a pass key to “every utilities room in NSW”.  He has offered to come round and cut off parties provided he gets the call-out fee for switching them back on again.

              Tempting … 

              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.
              #24012 Reply
              Jimmy-T
              Keymaster


                @Austman
                said:
                I’d still like to know what law(s) would apply.

                If one of our residents did turn the power off to another resident (and I’d hope they never would) , could and would the police take any action or would they see it as a domestic civil matter and leave it to the OC to solve? 

                Firstly, as we live in the age of the too-hard basket, I am 99 percent sure the police would do nothing (nor should they).

                An awful lot of strata law is “untested” in higher courts so anyone who embarked on litigation would be entering unknown territory.

                First the party person would have to show the power was turned off deliberately (easily done when the emergency electrician turns up and charges them triple time – about $1,000 – for the callout).

                Then they would have to prove who did it.  The building manager (who may have a key)?  A strata committee member (who probably doesn’t)?  A resident professional electrician? They apparently carry a master key that opens all power board rooms.

                If they could prove it was the committee who either did it or told someone to do it, they might have a case for compensation on the bill from the emergency call-out.  But if everyone involved said nothing, I can’t see that getting very far.

                You can buy lock-picking equipment on the internet and watch Youtube clips on how to use it, so it could be anybody in the building. And let’s not forget who the real victims are here.

                It’s probable that someone, somewhere is breaking some law when they open a power board cupboard and switch off the power to a unit without permission.  

                However, as we often say here, the are no StrataKops coming round to take you away – if there were there would be no problems with parties in the first place.

                In strata, as in the rest of our society, there are people who define right and wrong by what they think they can get away with. So it may not be entirely legal but it’s surely fair to impose the same dubious morality on them.

                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 5 replies - 1 through 5 (of 5 total)
              Reply To: Can an OC cut the power on noisy parties?
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