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Topic
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I live in WA part of 8 townhouse strata.
The set up is rather odd with 6 houses down one street and two around the corner on another street. I live in the two on the other street. Two years the place next to me was sold, parents had purchased the house for their son and various house mates. He likes to play his music very loud with the base component turned up. It is so loud on occasions I can feel the base under my feet throughout my house. The houses were built in the late 1960’s so the sound proofing is no the greatest. Because of the setup I am on the place that really puts up with the noise and the base. I spent a year asking them politely
Despite complaints to the Strata who have sent out Notices to Comply, they have stopped the early morning music, but I am still putting up with the noise. Letters are simply not working any more. The issue of the noise from this house was put on the last AGM (parents or tenants from the offending party did not show up) I asked the Strata about issuing a fine to offenders who continually breach strata by-laws under s1031 of the Act. I was advised by the strata manager that I would need to go to the State Administrative Tribunal (SAT) to get this implemented. A strata lawyer I spoke to yesterday advised a AGM with all in agreement is sufficient. This section is already in the standard By-Laws. Why would I need to go to SAT to get it implemented?
Complaints to the local Council who have sent out letters and no response from the tenants or owners. The initial set of letters were sent out to the tenants and they simply ignored them. I am dealing with a very inconsiderate person (I could say worse!)
My question is do I need to go to SAT to get a law implemented for the Strata to issue fines under the breach of s1031A, when this section is already part of the By-Laws.
Thank You
