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Hi, I live in Victoria in a small block of units. A couple of years ago a new neighbor moved in upstairs and renovated their apartment, they tore up the marble tiles and put in timber floors. Now I can hear EVERYTHING and it drives me nuts. I am pretty sure that they did not install any sound proof material or insulation etc.
Yes, I have tried multiple times talking to the neighbor and it quietens down for a but then the noise starts up again. The Owners Corp manager says nothing to do with me.
What are some of steps OR things I can do to get the neighbor to install insulation or sound proof material under the floor? Some one please help!
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The Owners Corp manager says nothing to do with me.
The owners corporation has a duty to maintain and repair common property. I’m guessing the floor and its covering (or lack thereof) are common property.
Also, if you look at the model rules, there are a couple of instances where it says owners can’t change common property without written permission.
So this has everything to do with the OC manager … [apparently not – see Austman’s response below].
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In Victoria: While floor structures can be common property, floor surfaces are usually lot property. That’s tiles, floating floors, carpets etc. It can depend on the Plan of Subdivision but that’s the usual.
In which case the issue falls to noise and nuisance rather than a common property issue.
In Victoria: If an OC receives a complaint about a breach of the OC Rules or the OC Act it can decide to do nothing about it. It should however give reasons for that decision.
So these matters can indeed becomes a lot v lot matter. All the OC Rules and the OC Act still apply but the lot owner (or occupier) might need to start any formal action themselves.
In Victoria: While floor structures can be common property, floor surfaces are usually lot property. That’s tiles, floating floors, carpets etc. It can depend on the Plan of Subdivision but that’s the usual.
I stand corrected. Oh, for some consistent consolidated strata laws across Australia.
So the answer is, you have grounds for demanding the upstairs owner fixes the noise issue but you may have to run the case yourself.
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