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[andyj]

Hi PatriciaSC,

Don’t give up or sell out. You have the legal right, as do your tenants to “the peaceful enjoyment” of your lot. My particular Adjudication probably will not be of any particular use to you as each application for adjudication is unique. The arguments and evidence do however all follow the same pattern. You need to demonstrate to the adjudicator that there is not merely noise, but noise likely to disturb the peaceful enjoyment of your lot. What I am trying to get at here is that the noise is not occasional as can be expected in a strata lot, but that is repeated, intrusive, disturbing to a reasonable person. This is where your witnesses (pref a stat dec) come in. The more you can get the merrier. Also a noise log that states the dates, times what the noise was, what effect it  had on you, what you did about it and who can corroborate your evidence. The fact that the respondent has not played nicely over mediation is likely to reflect well in your favor. It lets the adjudicator get the feeling that they are unwilling to be reasonable and may have something to hide. Mention that in your application.

Jimmy T has provided some excellent references in his “Timber Floors, Facts and Frictions article” as well as some sample adjudications perhaps he can point you to the URL.

Another great resource is the http://www.austlii.edu.au law site link. Look for the CTTT section under NSW and do a Boolean search on by-law 14 and by-law 1. They are probably in breech of s117(1)(a) and possibly (c) of the SSMA 1996. you can find the strata schemes management act in a google search

When writing to the adjudicator. Keep your arguments clear, simple, factual and as devoid of emotion as you can. Simply state what has happened, the noise, its frequency and the impact it is having on you. Reference your supporting documents and state your diary notes were taken at the time of the incidents.

Hang in there you are well underway to a resolution

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