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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.