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Update
We met at the affected unit. Both occupants, Both managing agents and 2 Strata Committee reps.
The upstairs occupant walked around barefoot and vacuumed. The upstairs managing agent said ‘it’s louder down here than upstairs’.. they relayed this to the upstairs owner and a floorer is being sent to fix it. We all left the meeting happy with relationships intact.
I now have some clear steps for how I would manage this issue in the future and if this one is not resolved at this step. Of course legal advice is always preferred and I am definitely not qualified. I’ve just had 1 experience but this is what I would do if this happened again.
1. SC representative/s to met with affected occupant and hear the noise. Suggest to affected occupant to start log and collect recordings.
2. Communicate with owners (OC) so they are aware we might be heading towards an EGM and/or Tribunal.
3. Explain to the responsible owner the issue and the independent observation.
4. If no resolution move to a meeting in the affected lot with both occupants, both lot owners or managing agents, and SC representative.
5. If no resolution ask owner of affected lot to write to OC/SC for EGM to get notice to comply, acoustic test and action to resolve.
5. If no resolution proceed to mediation with 4 week noise log, recordings, emails, meeting details and minutes.
6. If no resolution proceed to tribunal ideally with acoustic test (still not sure who would pay for that)
Ideas for some of these steps came from Puddn’s post and Jimmy’s post. In particular Jimmy’s ‘Timber and Tile Floor 2010’
It would be great to see factsheets from qualified people with clear step by step or flow charts to help resolve common Strata issues harmoniously (or maybe I missed it) I think a factsheet would be beneficial because then the process becomes transparent, fair and clear for all to follow. It would prevent the resolution being stalled from personal biases and emotion.
Anyway I am hopeful we will have our noise issue fixed properly. Thank you Jimmy and Puddn.