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#20926
Jimmy-T
Keymaster


    @DaveB
    said:
    There are some matters you have raised which are quite interesting, including the laundry on the balcony.  Does that contravene another by-law?  

    It sounds like you are in a very badly managed building where people are pretty much allowed to do as they please.  Balconies are noise amplifiers and any building that allows laundries on its balconies is run by idiots.  By the way, when you say you have raised this with “the Strata” who do you mean?  The executive committee, the strata manager or the building manager?

    I would ask why the Notice To Comply has not been followed up by an application for a penalty. 

    Assuming you are an owner, you need to take matters into your own hands and raise an action at the CTTT to prevent their disruption of your right to the peaceful enjoyment of your home.

    Having tried the softly-softly approach, I think it’s time you went for the jugular.  Hit the tenants and their landlords with everything you’ve got – balcony laundry, noise, flooring … whatever you can think of. You aren’t being heard any more – time to get their attention.

    Check your buildings by-laws and see where all the breaches are occurring – that’s the place to start.

    You should also raise the question of laundries on balconies.  Again, check your by-laws for what is and what isn’t allowed on balconies.

    It sounds very much like the owner of the apartment has put down hard flooring so this is another potential angle of attack.

    And I would send a letter to the rental agent reminding them that they and the landlords are legally responsible for the actions of their tenants and if the problem isn’t resolved, you will be taking them to NCAT (NSW Civil Administration Tribunal) and, if necessary, to the District Court for a Noise Abatement Order.

    You can get the ball rolling by applying for mediation at Fair Trading on this form.  Mediation is a mandatory first step before most issues can be pursued at NCAT (formerly the CTTT).

    You will find a detailed description on how to purse an action at NCAT here.

    Good luck.

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