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Have you spoken to the strata about this? I only ask because it appears through your posts you first talk about suing the strata and in your second post you are going to talk to the OC?
Would not raising this issue at an AGM be better then trying to sue first?
Lawyers are only going to ask who have you contacted in the strata about this and what have they done?
I have been through a complaint process with a noisy neighbour and the fact that I had spoken to the offending party/parties on multiple occasions and then went to the Strata and then to the Council gave more weight to my claim when the police contacted me about my concerns.
Going the “I will sue first and then talk to people after” route will only cause the OC to be defensive and not at all helpful if you have other issues.
Taking this from another view point, has this person ever sat down and explained their condition or what the chemicals can be used? It seems unreasonable that they void everything without any explanation or their condition.
I personally do not think it would be an invasion of privacy to expect this person to explain what they can handle.
All you are simply trying to do is find a situation that works for all not just one. I think if they are not willing to at least meet and explain their situation then I agree with whale and call their bluff
Good Luck
One way to check if your neighbour is genuinely running just for family and friends is to check the ABN register.
or go to ASIC –
If you know their name, and choose advanced settings and set the state, you can see if they have an ABN. Having an ABN and a business name registered would indicate she has business indentions and not just running for family & friends.
Also check if there is any catering businesses around the area advertising services, they may give themselves away with using their residential address. Use google or even social media sites such as Facebook.
It may even be that doing for friends and family and the additional cooking and storage may be considered a business due to the volume of cooking and storage.
JimmyT is right about the insurance. If she is running a business the insurance for residence only it is going to make the insurance invalid (I know from experience). If she has an accident and burns down her kitchen and adjoining units the insurance company will void the insurance. I would also have your insurance checked regarding the garage and the trucks. (Where I work we have a client with large trucks and his insurance company put in an additional clause regarding wear and tear on the driveway for the large trucks)
Yep… I just used ear plugs. For me not the best solution, but better than trying to deal with the grumpy old man.
Apart from get a dog?
I cannot help with the legal and strata by-law side of things in this area but:
Google natural cat repellents, that you can spray around your plants without affecting the plants. You do not want something that will possibly kill or make the cat sick that may just cause more problems than it is worth
A few things I can suggest:
- Put a chicken wire fence around the plants. Probably more trouble for you than it is worth.
- There is a plant called the Coleus Canina which is a natural cat, dog and fox deterrent
- You can buy a product at Bunnings called Skedaddle Dog and Cat Deterrent costs about $15. It claims to be non toxic, effective in all whether and can be used on gardens, lawns.
- You make a natural repellent from vinegar and herbs. (google it and you will get tonnes of pages.
If you have a dog and so not want to deter your own dog, then cats dislike the smell of citrus.
Hi Luke
You are living in a very tightly controlled strata
I assume due to a very controlling person on the EC or them having numerous problems in the past that they have tightened the rules. I agree with Peter C they laws conflict that they are denying you use and enjoyment of the common property. Have they given you a specific reason for the knock back part from you ‘may’ be too noisy. It may be worth setting out a time frame for the gathering and submitting that.
As for the fine. They can enforce fines (in WA at least) if you breach a by-law. under s1031 of the Act, however the fine can not be more than $500.
Alternatively rather than jumping through hoops it might pay to have the gathering at the beach or park?
This is the only major tree within the common area, I have 2 large trees in my yard which I maintain. Other units have their own trees (in my years here never seen any of them trimmed).
I have always taken the position that if something is on my property then it is mine to maintain at my cost.
I have finally got a reply from the Strata Management saying simply Thanks for the update. Nothing about whether I can legally do this or not.
The strata is run with the units just paying the bare minimum and raising special levies to fix large items. This is never good when something breaks down and insurance does not cover it. The tree was trimmed by order of western power (about 3 years ago) as it was close to interfering with power lines, but that is the only time I have seen/heard any of the trees trimmed/maintained.
Looking through all the book work about 1 1/2 years ago there was not mention ever of the trees being trimmed or any contact details for a tree trimmer.
At this stage I am taking the position that unless I can find a preservation order or my strata has special by-laws preventing unit holders personally maintaining the common area then I will go ahead. I assume the very brief and vague response from my strata manager indicates that they are happy for me to go ahead (and pay for it)
Thanks for the help
I would first talk to your neighbours. It may be scary and get you no where but it is probably best to start from the most basic solution then go through legal channels. You are right some people just do not care, solution you have to make them care and make them understand they are breaking the law and this has some very expense and not so nice consequences.
If you do not get anywhere through strata notices you can always go to your local council.
I would seek options through the strata first then through to the local council. All councils have notes on websites regarding acceptable noise levels. Keep a log and submit to the council. I did this and so far so good. Do not back down, keep putting in complaints and making notes.
If it is rented then contact the agent and advise them of the situations. Real Estate agents generally take complaints regarding tenants seriously as the implications it could have on their business and the owners who are using their services.
You house is your home the one place you should want to be and want to come home to.
If you want to keep your current manager (not sure if you would), some managers belong to a professional body you could advise the professional body
Ultimately the Strata Managers are paid for by you and the other owners to run the strata how you want (within the confines of the law and the Strata Bylaws).
I think if other owners are unhappy to get the EC together and discuss the managers with an email advising them of what you expect from them and how you want the strata run.
If they are unwilling to change then start the process of finding a new manager. Just be careful to sack them by the law and nicely. I had a bad experience when we got rid of our strata manager she was extremely difficult to get the paperwork from.
I am not sure how you go about getting it or whether it costs money.
Our strata uses a site called MyCommunity. you have access to the General Ledger, outstanding accounts, minutes or meetings, there a notice board.
I think your strata would probably need specific software to use it. But for us it is great.
Raindrop
If you do not complain officially they will not stop. You have done the right thing and asked them directly to stop and despite this they continue to do whatever they like. People like this are just plain inconsiderate and will not stop. The next step is to officially complain.
For the driveway issue was it an official by-law or just a verbal or email agreement that no non-resident vehicles in the driveway? Make it a by-law of your strata (if possible) and then you can hit them with a non compliance notice. My neighbour wakes me up every morning as he is leaving with his noisy car (the brakes sound like they are screaming) before this it was the music from his subwoofers through my house at 5am.
As for the power tools it might be worth a look at what the local council you live says about power tools and the noise limits. It may be a safety hazard to have the power tools going with the garage shut, but worth a look.
Talk to the other owner and see if they are on the same page as you. Not so much weight in numbers but another independent person having the same issues may get them to realise that they are the problem.
As for the attitude they simply do not care. I have had to put up with this sort of thing for a whole year and despite asking them to stop explaining my situation they did not care. The stress will feaster and affect your health. I am at the stage of looking for another accommodation because I hate the place I live in now. For three years I loved my home, not any more. I dread the weekend for the noise, music, parties I may have to put up with. I have sent numerous emails to strata management with little effect (all be it a few weeks relief). I have contacted the police on many occasions about the noise. I have sent an official complaint to my local council and next step is Strata Admin Tribunal. Do something now or it will never stop. Trust me. They will do what they want because they can get away with it.
If they are renters then hit the owners make sure that the owners know will be legally responsible for any penalties.
Get you Strata Manager (if you have one) or your EC to send a email advising them of the noise and disruption is excessive. Keep a diary of the noise, evidence is key.
Good Look…
