Hi again, long time no chat!!
I had been busy spending hours of research about how to make an effective application for adjudication “on the papers” to the CTTT regarding the noisy floors in the apartment above mine, where I have tenants. I quoted precedents and had noise diaries and copies of communication with various acoustic and underlay experts. My submission was about 14 pages.
My successful application was one of the last to be adjudicated by the old CTTT (dated 30 December 2013) and the respondents were ordered to comply with By-Law 14 “forthwith”.
After a month of no communication, I was informed by the Strata Manager that the respondents are waiting for their installer to explore their legal obligations in the matter of the installation.
Hmmmm …I think they can do this at any time, after they fix the floor, and from what I have researched they have very little hope of getting any recompense from the installer.
It’s now about 7 weeks after the decision and I am still waiting…..
I have made an application for a penalty for non-compliance which I found out today will be heard in about 6 weeks or so.
It’s certainly been an exercise in patience.
The wheels grind very slowly but I hope it will be worth all the time and effort I have put into it. My original application was 27 September 2013, so that will be about 6 months from my first application to the penalty hearing.
In the meantime my tenants are about to have a baby.
What is disappointing, is that prior to this CTTT action, I had spent months researching the acoustic ratings of floor and underlay combinations, and had been trying to negotiate with the respondents since June 2013.
I was, and still am, hoping that the respondents will “do the right thing” and realise that the floor needs to be fixed. My tenants can hear noise at all hours of the day and night…suitcases being wheeled across the floor, chairs being moved around, footsteps and shoes, night and daytime bedroom activity and even a vibrating phone alarm on the floor!!
It will be interesting to see how the NCAT views this flagrant non-compliance. The Adjudicator was very definite in her language in the adjudication and ordered the compliance to take place “forthwith”, which I understand to mean immediately.
I will keep you posted..but don’t hold your breath!!
Patricia