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Your by-law demands that the lot owner doesn’t lay flooring that interferes with the peaceful enjoyment of the neighbouring lots. That is the only criterion you need and you can’t expect anyone to guarantee that whetever flooring they put down is likely to comply.
Your real problem is sections iii and iv of your by-law that specify compliance with Australian Building Standards. As you will see from this article, ABS are woefully inadequate when it comes to apartment floors and your current by-law could be permitting the installation of noisy flooring that otherwise complies with building standards.
I would re-write the by-laws to remove the reference to building standards and replace them with noise transmission figures as outlined by the Assciation of Australian Acoustic Consultants.
And I would add a clause that said that flooring that failed to meet those standards would be subject to potential action at NCAT for its replacement or covering with carpet and underlay.
Then it’s up to the floor-installing owner to ensure their floor more than meets those two criteria – the AAAC standards and the “peaceful enjoyment” limits.
