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So sorry to hear of your dilemma – it never ceases to amaze me that adjudicators don’t seem to realise the level of stress and courage it even takes in the first place to make a complaint, go through mediation and then prepare a submission – while I realise they need to be fair you don’t put yourself through this unless the position is unbearable.
We are still in submission process – closing date next week, then we can view any other submissions including what our upstairs noise-makers have submitted – they had an acoustic test done the other day so we will be able to read the result of this as well.
I don’t know how long we will have to wait for a result – with Xmas so close I don’t suppose we will hear for a couple of months but I really have no idea. The whole process is a complete mystery and I think one suggestion by ?Jimmy that there is a CTTT advocate to help one through the process is a great idea. we are really doing this by the seat of our pants although if we don’t win we will seek legal advice re an appeal. We retired here 9 years ago to our piece of paradise which has now been destroyed for 2 years.
MsM
Just wondering how successful your application for adjudication turned out.
This is getting scary – I was under the impression that we could appeal if we do not get a favourable result from our adjudication submission (which closes in one week) and also to be heard at Hurstville. Our upstairs timber floor loving modern family have just had an acoustic test done a couple of days ago which (according to the consultant) may meet the BCA – but that doesn’t stop the dreaded noise of this family – there is no mention of the bca in the by-laws.
Have I understood these posting correctly – can we appeal or not.
I wholeheartedly agree with Whale – self management is not a simplistic way of management and you really need a strong exec committee. We have always self-managed (block of 12) with only one unit tenanted at the moment. however it seems that as units change hands from long-term nearly original owners who looked after everything from gardening, garbage, changing light globes etc themselves but are now older and physically unable to, the newer young family owners are much more selfish and don’t seem to understand the obligations of everyone living in a community situation.
Self management is a big responsibility but also gives everyone more control and ‘closer to home’ ability to maintain the property. However, you must be aware of all obligations under the ‘Act’, prepared to enforce by-laws, and have the time and energy to liaise with, check, pay and follow up contractors, prepare budgets, financial reports etc. it is certainly not a ‘one-off’ insurance obligation.
Thanks andyj – what is a reasonable time frame for a noise diary – we have kept notes for at least 12 months but am wondering if an adjudicator will be bothered to read all this. I thought maybe also do a summary. Any advice please.
Wow these decisions make me very nervous – we are in the process of preparing a submission for adjudication after mediation failed (no surprise there!). We have been provided with the BCA standards for impact insulation ratings for concrete slabs showing that there is no rating for 100mm slabs as I presume they didn’t achieve any acceptable level of noise rating – we have been able to purchase the floor plans for our building (40yrs old) and our slabs are 112mm thick so I presume acoustic testing is not viable – they only have results for 150 and 200mm slabs.
We have a lengthy noise diary, stat decs from visitors woken by babies bottles dropping on floor at 6am, do we need previous cases (help here please!).
I can’t believe that we won’t get a favourable judgement –
It is good to hear there is some justice on the timber floor ‘scourge’. We have a date for mediation and hope to persuade our noisy, upstairs ‘go ahead young couple’ that they have destroyed our life with their noise timber floors. Fingers crossed that we have success at this stage without having to continue down the adjudication path.
Our EC chairman recently resigned – no-one nominated to fill the vacant position at the EGM that was called despite many requests etc. Many of our original residents are way over 80 and many are in ill-health.
The meeting voted to reduce the number from 7 to 6 until the AGM (5 months away). From my understanding The Act says this vacancy must be filled but if you reasonable can’t fill the position is our decision not to fill acceptable under the law. We are a block of 12 so 7 is most probably too many in the first place.
That is so comforting – congratulations. We are also embarking on the path to ‘peaceful enjoyment’ from timber floors installed by our upstairs ‘family’ who maintain we have to prove the noise is unreasonable (if you can hear people walking in bare feet I think that is unreasonable for starters). I do hope we have the same success and that we have the mental fortitude to continue. Can I ask if you had acoustic testing done as part of your case evidence.
Our neighbours directly above our unit have started to do renovations to their property – they have provided the secretary of the OC (we are self-managed) with a copy of an engineers certificate showing what internal walls are to be removed etc and what supports will be installed to maintain the structural integrity. The secretary circulated a copy of the engineer's report to each owner asking if anyone had any concerns about the proposed renovations. The renovations have now commenced – but I thought the OC had to give authorisation – what is liability if something goes wrong without such authorisation. I understand the owner has insurance. We only have the model by-laws but also there is a list of 'house rules'. We are in NSW.