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QUESTION: I’m a tenant and my neighbour is a member of the Executive Committee. Several times a week he and his girlfriend have parties with very loud music which starts at 10pm and goes to about 1am, even during weeknights.
My bedroom and their living room share a common wall, so I can’t get much sleep even with ear plugs.
I’ve approached them during their parties and asked them to turn their music down, but they only turn it up louder. I’ve called the police on two occasions, and they came and shut it down.
I asked the Chairperson of the EC to send them a Notice to Comply, and she promised she would ask the Secretary to do so but the music and parties have continued. What can I do? – Lucia, via Forum.
ANSWER: It’s time to think about taking out a Noise Abatement Order at your local court. You can find a link to more information about that by going HERE.
If they continue this behaviour in defiance of a court order, the next time you call the police they can be arrested.
Generally speaking, you and your neighbours are entitled to the reasonably peaceful enjoyment of your lot, 24 hours a day, seven days a week.
If there is a noise issue in your building and the Executive Committee won’t take action, you can do so yourself, whether you are an owner or a tenant in NSW, by going directly to Fair Trading (Tel. 13 32 20).
Or you can download an application form for mediation (mandatory before you can take any further action) HERE. If mediation fails, you can then apply for an adjudication at the CTTT. You can download the form from HERE.
If that fails you can go to your district court and apply for a Noise Abatement Order (see above for NSW).
In Victoria, go here for strata disputes and here for general noise restrictions.
For strata in Queensland it’s a little complicated: go here then click on “by-laws” in the ‘I want to find out about …’ box.
You can read the original question and a more comprehensive set of responses HERE
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All of these suggested steps for stopping unfair, annoying noise which is legally a nuisance take lots of time, don’t they? I mean, you’re going to have many weeks more sleepless nights waiting for the relief you are entitled to probably.
What’s the fastest way to stop the type of noise that is not allowed, hopefully ON THE NIGHT please, so it won’t happen again?
“Just one other general observation – anyone looking for a simple “magic bullet” answer to any problem in strata is likely to be disappointed. But you could have the same issues with a noisy neighbour in a house and have even fewer options in terms of effective responses. Use all the resources open to you and you’ll get the peace and quiet you crave.”
Spot on JimmyT – many of my friends tell me they would never consider a strata property after hearing of my tales of woe but then I hear from freestanding house dwellers whom have some similar stories. I do accept these situations can be more common in close living quarters however we have to deal with all types of neighbours anywhere & everywhere we go … there is always the lure of the remote property in the country.