#61903
Jimmy-T
Keymaster

    Firstly examine whether you can do anything to reduce the noise, even if you believe you are right.

    That should have been my first and main point.  Talk to your neighbour and try to get to the root of the problem to see if it can be resolved amicably.

    They can ask for mediation, in which case a compromise may be agreed.

    A notice to comply does not require mediation, which is not part of that process.  It’s warning that if you don’t stop breaking by-laws, you could be taken to NCAT where fines could be imposed.

    It’s up to the OC to prove you are a nuisance … they would need additional reports such as police records and acoustic reports to solidify their case.

    First part is true – proof would be required – but police and acoustic reports are unlikely to have anything to do with this. The strata committee might need corroborating evidence if they pursue this, but that could be stat decs from other residents who have also heard the noise.  There is no police involvement (as has been stated) and, in any case, how would you get acoustic reports and what we they be on?

    The problem may just be the neighbour and thst could be flushed out at mediation.

    Once again, there is no mediation involved in issuing a Notice To Comply. It’s  a “cease and desist, or else” warning.

     

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