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An investor has commenced renovations a month ago in his apartment which involves a new ceiling, floorboards and a new bathroom. He bought the apartment about four years ago but has always rented it out.
When the Committee was approached regarding the renovations, the presumption was that tradesmen would be doing the work Monday to Friday and the work would be completed as quickly as possible. However as it has turned out, the Owner is doing his own work, mainly in the evenings and on weekends. No timeline has been set. There was an amount of difficulty leading up to the commencement of the work and many aggressive emails were sent backwards and forwards between the Strata Manager and himself with the Committee on the sidelines.
Last Saturday morning hammering and drilling took place between 8am and 10am. As Secretary of the Executive and having received some complaints I messaged him politely and asked if it was possible to do the noisy work after 10am on weekends? He directed me to contact the Strata as it is his right and that I am harassing him. I did contact the Strata on Monday who contacted him. He then sent me a threatening text, claiming falsely that I am intimidating and harassing him (not true), I have shouted at him in front of witnesses (not true) the Strata has told me I am being unreasonable (not true) and that if I make any attempt to contact him, he ‘will take action.’ I am unclear if this is a legal or physical threat. It is even worse as he is in the apartment opposite me.
I don’t understand how being asked to be considerate of noise levels and delaying noisy work so people can have a sleep in, is ‘intimidating or harassing’. I am aware that with Council regulations he can work between 8am and 8pm but the residents just asked for some consideration on a later start to the work that we may be all subject to for months. We do have a by-law (that the Strata Manager pointed out to him) An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property. He put the blame on me and claimed that I ‘threatened to use by-laws’ and was told that this is unwarranted harassment. What is the use of by-laws if people consider complying with them as harassment?
I am actually starting to feel sick and frightened of someone that is very charming when he wants his own way and completely irrational, unstable and aggressive when he considers anyone challenging him. Everyone at the apartments get on very well and I make a point of being friendly to everyone. I mow the lawns, water the gardens and do various plantings at no charge to anyone. Up to now, I have loved living there and it’s horrible when bullied like this when acting on behalf of others.
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Bullies can be charming too. Put a motion to the committee that they issue a Notice To Comply with by-laws (a precursor to a fine).
It also sounds like your neighbour is in breach of planning and noise laws in that they are undertaking work that they are not qualified to do and doing at times that are in breach of noise laws.
The next time this bully confronts you, tell them that you believe they are breaking several laws and by-laws but you will leave it to the committee, NCAT and the local council to decide whether or not this is the case.
If they persist, tell them your next option is to seek an AVO from the police. Invoking by-laws is not harassment – it’s good management.
In the meantime, suggest that in your compulsory review of by-laws, you bring in one about renovations that limits the time they can be done (NOT evenings or weekends) and who they can be done by.
Finally, it sounds like section 111 of the strata Act (below) applies. Does this person have special resolution permission to change common property (ceilings etc)?
You need to get the committee 100 per cent behind you and they need to get the strata manager activated on this. It should not be just you versus your neighbour.
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 111
Work by owners of lots affecting common property
111 Work by owners of lots affecting common property
An owner of a lot in a strata scheme must not carry out work on the common property unless the owner is authorised to do so:
(a) under this Part, or
(b) under a by-law made under this Part or a common property rights by-law, or
(c) by an approval of the owners corporation given by special resolution or in any other manner authorised by the by-laws.
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@JimmyT said:
Bullies can be charming too…In recent years I have encountered more charming bullies than the cruder, simpler variety.
I have some important advice for monique10. Find Martha Stout PhD’s book The Sociopath Next Door urgently. Also google it now and find a list of characteristics. People like this can be dangerous. Don’t make yourself a target, consider not confronting them yourself. Once they target you, they won’t let up until they find someone else. (4 in every 20 people are one, so there are 2.5 in our block 🙂
Our block recently restricted work hours to: 8am to 5.30pm Monday to Friday. 8am to 1pm Saturday. NO building work or building noise at all on Sundays and public holidays.
This is the same as our local council but with an extra half hour of peace at the beginning of each week day, because we are an apartment building, at close quarters, not a freestanding house 🙂