#21566
andyj
Flatchatter
Chat-starter

    Hi drshelley,

    This is exactly what happened in my case, where the owner installed cheap underlay and cheap carpet. Like you, I still have disturbing noise emanating from above 24/7. I believe that you obtained orders from the Tribunal to the effect that “the respondent is to cover all floor areas with the exception of wet areas with carpet and underlay if sufficient quality to ensure no transmission of noise from that lot to the lot below (etc) within 60 days.”. It is pretty clear that they have not complied with the orders handed down by the tribunal as you are still disturbed by noise. I would seek legal advice and pursue penalties.

    My Owners Corporation has lodged an application against the tenants above for excess noise and nuisance (by-law 1 and s117(1)(a)) and have advised me to wait for that application to be resolved before I pursue the owner for not complying with the orders I got which were “The respondents shall comply with by-law 14 and specifically shall ensure the floor space within lot 8 is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of lot 8 noise likely to disturb the peaceful enjoyment of the owner of lot 6”. Each day the elephant waltz starts at 5am and continues till 2am, however the owners corp wants to hammer the tenants first for door slamming and banging around in general.

    It amazes me that despite orders and the threat of penalties some owners and strata dwellers think that their home is their castle and they can do as they please and damn anyone else in the strata.

    Please keep the flat-chat community posted with how you go!!!

    Cheers

    andyj