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Topic
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I am the Chairman of an Owners Corporation in a small block in inner Sydney.
Our block is 2/3 owner occupiers, 1/3 tenants and for the most part, the tenants are good people and the block is generally harmonious.
However, in recent times, two of the owner occupiers are having a dispute. Both have lived in the block for about 20 years. OO1 lives immediately below OO2 and OO1 is regularly complaining about noises coming from OO2, especially during the night. OO2 is now complaining about being harassed by OO1 about noises OO2 are supposed to be making, but are not.
The complaints have come to the EC (which includes OO1) and as Chairman, I am trying to manage an amicable outcome. Short of sleeping in OO1’s apartment, we have tried to hear the noises which are the subject of the complaint, but haven’t been able to do so. I have stood late at night at various vantage points in the building and have heard nothing. I have spoken with OO2’s owners, and they deny they are making the noises and their denial seems plausible. Meanwhile, OO1’s owners want to take the matter to the police (which on the one hand I am tempted to let them do, but on the other hand, the OO2 owners are becoming quite stressed, so I would like to avoid this cause of action if possible).
In summary, it seems OO1’s claims are without basis, but I can’t prove that unequivocally. Therefore, I welcome any single or collective wisdom on the matter.
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Arnie – It’s worth noting that in order for the Police, Local Council, or even your Committee to take any action about a noise complaint, it needs to be reasonably satisfied that a Breach of a relevant Law (incl. a By-Law) is occurring, and in the absence of any of the above actually hearing it, it’s incumbent upon the complainant to substantiate or otherwise prove their claims with recordings or even a log of dates and times.
The above is in place to prevent frivolous and vexatious complaints.
So your Committee should perhaps do nothing until such time as the Owner concerned substantiates their complaint, or if it wants to be proactive, invest $50 in a digital voice recorder and ask the complainant to set it up in his Unit.
Is is possible that the complainant is being super-sensitive or, dare I suggest, obsessive? I know of someone who wanted his EC to do something about his neighbour’s air conditioner noise. He acknowledged that he had had an acoustics expert measure the sound level and that it was found to be below the level that would invoke any grounds for complaint at his boundary. An EC member kept checking to try to hear and later measure the sound level but never found it operating. The claimed noise level was the same as the measured ambient noise from a light breeze in the trees, birds etc. Eventually the EC just had to say there was nothing they could do. The complainant put in double glazing, which is a good idea for thermal insulation where we are, but he did it to deal with the noise, even though he could not be in a quieter location while living in town. The same guy writes regular letters to the paper complaining about the supposed health effects of inaudible noise from wind farms.
I would suggest to let both owners simply work it out between themselves. There isn’t much the OC can do without concrete evidence of a breach of by law. The OC most probably wouldn’t stand a chance at the tribunal; so far it sounds like 1 owners word against another (hearsay). Even if the OC issued a section 45 breach notice, taking the matter further may be pointless without some evidence of excessive noise. You should direct both owners to take the matter through mediation and adjudication if necessary, it will then be on they’re onus to prove these allegations to the adjudicator or tribunal.
@Stevecro said:
…There isn’t much the OC can do without concrete evidence of a breach of by law…Agreed.
We had an elderly friend who use to drive her neighbours mad with her complaints about their noise (which was quite reasonable), including banging on walls and ceilings. It turned out she had a hypersensitivity to sound, presumably cause by ageing. Have a look at this fact sheet . It’s tricky to raise as a topic for discussion but it should be considered.
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If you want to get involved and help resolve the situation amicably, then you will need to dig deeper into the “noise”. Is it people noise or mechanical noise? When did the noise start? What’s changed recently in the circumstances of the 2 parties? New floorcoverings? New children or other occupants? Health issues (eg, dementia)? Viagra in the water supply?
Could it be vermin? As Whale has said, getting the complainant to keep a log of events is very helpful.Expanding on Jimmy’s comments, certain medical conditions can make people more sensitive to noise, eg, chronic pain sufferers.