@Boronia said:
I took “laundry on the balcony” in the context of breaching by-laws to mean having their washing out to dry there.
Now it seems it was a laundry accessed from the balcony (so I feel slightly less stupid than I din when I first read Boronia’s email).
ktluu78 said:
All EC members have told us ‘it’s the strata manager’s job, not ours’. Also, the kids excuse appears to start gaining some sympathy from other neighbours.
Someone needs to explain to the EC members that the strata manager can only do as the EC instructs them (unless they have delegated powers). The EC needs to tell the strata manager to pursue a penalty for breaching the Notice To Comply.
We have kept a ‘record’ book of the noise events for the last 6 months but we feel it’s still our words against theirs.
Yes, but a six-month record iod a lot of words over a long period. It has substantial value.
So far we have managed to get ..letters from neighbours … and 1 complaint letter from someone in the building next door, who hears the screaming and shouting. All these letters state the noise is disturbing, disruptive and unpleasant. Would these be sufficient evidence to prove to the tribunal member that they make excessive noise.
It depends a lot on the NCAT member, but if you present your evidence in a reasonable manner, they should be considered.
Would the Tribunal be buying the ‘kids will run and scream’ excuse?
No. The law says you mustn’t disturb the peaceful enjoyment of another person’s lot. It doesn’t say you have to put up with the noise from badly parented kids whose parents like timber floors..
I have tried to record the noise for more irrefutable evidence with my phone and my camera but it didnt pick up this noise very well. Anyone knows what recording device would piick this low frequency noise up?
Don’t waste your time. However, it might be worth telling your neighbours that you are recording the noise as you must do (that is, yo must inform them) in case their conversations are overheard. Privacy laws in NSW mean you have to tell people when you are recording their conversations (not, as many people think, that you need their permission to do so).
In any case, telling them that you are recording them may be better than actually doing it. I would say, at a guess, it might make things better rather than worse. Adif they ask, tell them that you are using Yamaha POCKETRAK 2G Pocket Stereo Recorder which my friends in the spying business tell me is the BUSINESS.
We did speak with the local police about the issue and asked if they would assist. Their response was they would. But we havent called them because i feel it might look excessive to call police to deal with the ‘so called ‘kids noise’. Has anyone got any experience with calling the police on this kind of noise?
The police will attend any excessive noise after 10pm on week nights and after midnight on weekends and holidays (if they aren’t too busy chasing real criminals). Excessive noise includes loud conversations, musing, thumping of floors or shouting. They can issue Noise Abatement Notices which can lead to on the spot fines if they are called back awithin three months (I think). Most importantly, their reports can be used in cases at NCAT.
If we press for a penalty on them, how do we proceed with this action?
I have already answered this in considerable detail in my previous post.