#50833
kaindub
Flatchatter

    A blanket law banning hard floors in non wet areas is too onerous. There are many situations ie townhouses and villas where the installation of hard floors generally causes no problems. For example in my daughters strata which consists of four villas, all the owners have taken up the 1970s carpet all either polished the timber floors or laid tiles.

    A prescriptive bylaw also is doomed to fail. What if the owner installs the floor using the prescribed insulation and there is a noise transmission problem. The owner has complied with the directive so who’s going to pay for the rectification.

    Additionally having the committee approve the insulation is problematic. Are the committee acoustic experts? Of course not. A refusal by the committee to anything proposed by a lot owner would probably be successfully challenged as being an unreasonable refusal.

    In my opinion the best by law covers the peaceful enjoyment aspect. If an owner installs hard flooring and it turns out to be noisy, it’s relatively easy to have correct tests done (inside the affected lot) by a qualified acoustic practitioner. The courts will then make a ruling but its the offending lot owner who has to pay the rectification costs.

    You want the bylaws to be such that they put owners on notice, and the offender has to deal and pay for the consequences.