[andyj]

Whale,

Perhaps pointing out that provisions of s117 (1) (a) and (c) of the Strata Management Act to the offending owner and the suggestion of action at the CTTT may get some results.

Section 117 (1) (a) and (c) states the following

“An owner, mortgagee or covenant chargee in posession (whether in person or not), lessee or occupier of a lot must not:

a) use or enjoy the lot, or permitt the lot to be used or enjoyed in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not) or by any other person ntitled to the use or enjoyment of the lot.

c)  use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person ntitled to the use or enjoyment of the lot.”

[andyj]

Jimmy, scotlandx and others,

 

You mentioned in a previous post that you had used Precision flooring and as a result had flawless timber floor installs that have not caused any noise transmission issues with your neighbor’s. May I politely ask what acoustic underlay you used (brand and thickness), as I would like to make some recommendations to the Tribunal at the upcoming appeal hearing. Our unit block has a 150mm concrete floor with a plaster finish to the ceiling of the units below. I would like to put an end to the noise transmission issues I am experiencing once and for all and would like to recommend a top class treatment that can stop noise transmission from a very active young family above.

 

Cheers

 

andyj

[andyj]

Jimmy,

Yes this is a difficult one to definitively say whether the outcome is good or bad. Sadly the whole process of getting a fair and equitable outcome for both parties is often fraught with pitfalls. Happily in the case you have sited there was good will offered from both sides, however splitting the costs would have been fairer. Sadly in some cases the offending party is determined to keep their precious wooden investment and offers of assisting with costs in setting it right are futile. I lament that there is not a clearer process with clearer guidelines as to what is and is not acceptable in a strata block especially when it comes to the hideous noise pollution that can be generated by these floors. The whole process of seeking “justice” is laughable with the victim of these floors often bearing significant costs both financially and emotionally. Considering that the affected party has invested significantly in their biggest asset (their home) only to have it become virtually uninhabitable is a gross miscarriage of community justice.

The CTTT even when they do make a “strong determination” are effectively a toothless tiger with no real powers to enforce a fair resolution.

I have heard of many cases where the person affected by these floors has simply wilted under the financial and emotional onslaught and simply put their home on the market, often at a significant loss.

Why can losses incurred due to these matters be recoverable in the district court or above.

Cheers

andyj

[andyj]

Hi All,

The CTTT Adjudicator ruled today in my favor. The Owners have been ordered to comply with by-law 14 of sch 1 of the SSMA 1996

 

Now all I need to do is wait for the inevitable appeal

 

Thanks to all for their advise and support

 

Cheers

[andyj]

Hi KatieA978,

I am experiencing an issue that is almost identical to yours. I have been working with our strata manager and a solicitor to get my issue resolved. I am currently taking the owners to the CTTT for a breach of by-law 14 under schedule 1 of the strata management act. I have also recently had a meeting with the exec committee and they have issued, via our strata manager,  a notice to comply with by-law 1 (noise) to the tenants of the lot. I am pretty sure you can also ask both the owner and tenants to comply with s117 (a) of the strata management act (Jimmy please correct me here if I stray). Only the Exec Committee or the CTTT can issue a comply with by-law notice, however both of you (EC and yourself) can seek orders from the CTTT.

I agree whole heartedly with Jimmy. You do not need to tolerate any of this. Gather evidence (noise log, letters or stat decs from neighbors, friends, recordings of the noise). See if you can get the EC onside and really stick it to these selfish people at the CTTT

There endeth my rant

Good luck

[andyj]

Hi All,

 

The noise generated by the timber floor is only a part of the problem. The tenants have a disturbing habit of slamming external and internal doors and windows as well. To add to this recently the kitchen taps have started to make a loud squeak and the tenant tikes to rinse each item turning the taps on and off repeatedly for 30 min at a time around meal times. Last night the combined noises only stopped at 2am.. Up again at 5am

My haven has become a nightmare…. ;-(

Oh well I guess one problem at a time

Can I get strata to talk to the owner or would this be a pointless exercise?

 

Cheers

andyj

[Author]

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