[reddant]

What you describe sounds like there is inadequate insulation between floors. For example, you should have wall to wall carpet with underlay on your floor, not exposed floorboards.

Otherwise, the noise complaints sound unreasonable.

Regarding the comment which has been posted:

“if you feel her complaints amount to harassment, you could apply at your local court for an Apprehended Personal Violence Order(APVO) requiring her not to contact you except via a lawyer. Check that link for more details.”

An AVO is NOT warranted here. You will be up for a costs order and lots more anxiety than you are currently experiencing and you will cause unnecessary anxiety to this lady who does not deserve it. AVOs are not the knee jerk solution to problems in civil society, they were originally designed for people who fear being murdered.

Surely a reasonable person would attempt mediation about this noise issue before an AVO? Honestly.

[reddant]

Thanks @Sujenna, I’d like to hear your sexual harassment tale, only if you care to share of course.

[reddant]

Thanks. He doesn’t have a property manager, and I find the few tenants who don’t are often the problem ones.

[reddant]

JimmyT said:
It sounds like you live in total bedlam there.

Well perhaps a diverse society, and a lack of legislation, causes bedlam for some people.

I think it’s time sexual harassment legislation extended itself to other parts of life other than work, like recently was legislated in UK.

Hey I got an idea, I’ll argue as I WFH that the SDA applies!

 

[reddant]

Thanks. Yes some people have warped personalities,

[reddant]

Thanks Jimmy. Agree with you, but NSW Courts see it as neighbours arguing, not violence, so an AVO arguing I’m scared for my safety (which I am not) won’t gel.

And in my experience these type of people lie and manipulate well in that system, so without evidence it is not a good idea.

I’d have to spend 2022 filming every time I use common property to gather evidence! That would require me to live under a siege mentality in my own home.

From what I read in Flatchat and other sources, neighbour harassment is common, and the courts don’t want to know about it.

People who harass and bully are old fashioned, so there needs to be an old fashioned response.

I could write an open letter to himself and the Committee.

 

Thanks

 

[reddant]

Thanks Sir Humphrey, that’s a good idea.

Yes he is a known pest, he harassed another woman, but she’s a pest too, and won’t help, and harasses people herself. But that’s another post. The Committee is dominated by one owner who owns the majority of the Strata scheme and that owner tolerates and permits this harassment.

I have asked the Committee for a Zoom meeting about this with the odious creatures’s attendance, in the unlikely event they’ll all acquiesce I’ll ask one of them to have a quiet chat to him.

Thanks again Sir H.

[reddant]

Does anyone have this problem. Neighbours who stick their nose into your business. Stare at you in the hallway. Make bitchy comments when you’re walking past.

I live in a building where two owners/committee members own shops. One of them also lets residential units to 61% of building. They spread gossip to these tenants about owners corporation affairs. One of these tenants in particular thinks their gossip is gospel, and makes comments to me on common property.

She actually knows nothing factually about the Owners Corporation’s affairs.

I have asked the strata committee and strata manager to remind her about by-laws and nuisance, but they replied they do not want to get involved.

What to do about this person?

[reddant]

I doubt the fire brigade would agree to attend. In which case the OC would have to hire their own locksmith to break open the door. In our strata scheme the dominant owner (who is a permanent Committee member, he owns 61%) keeps trying to get keys to all of our homes in case such an emergency happens. In my view this is not justified, a genuine emergency can be dealt with  by the fire brigade or locksmith.

[reddant]

@Missy said:
Hi, I am a tax accountant and can tell you:

As a general rule, if the intention was a repair and the replacement was of a similar type (ie replacing lino with lino, not replace lino with timber floor boards) then it will normally be an out right deduction for the items you list.

What would not be out rightly deductible would be replacing the roof.  Even if it got damaged and the decision was to replace the entire roof, then the cost was have to be depreciated as a capital cost.  You still get a tax deduction for the cost out layed, but over many years.  

As a side note and strata related.  If there is a special levy raised (no matter how small or large) that is capital in nature (ie replacing the roof), the cost of the levy to you must be depreciated, you can not claim the cost of the special levy outright.  Even though the cost is the strata’s the monies you put in must be depreciated, not claimed just as a normal body corporate expense.

But as Scotland explains, bring the items to your accountant to cross check.  

Missy

Sounds like you might be able to answer my question too.

My Owners Corporation got fined $22k by the court for breaching fire safety. It spent as much on barristers fees.

Are investor owners now entitled to claim this as an expense? If the $22k is buried in the admin or sinking ledger as expenses?

[reddant]

“In the past the police have told us that excessively loud voices at the wrong times in the wrong places can be subject to noise abatement orders.”

I went to my local police station at Kings Cross today and the nice constable said the same thing and encouraged me to call them next time it happens. I’m going to call the police next time it happens and I hope they agree it’s offensive noise.

[reddant]

@JimmyT said:

If you mean THIS POST, ..

..I thought it was perfectly clear  – but thanks anyway for leading me to a broken link.  

Thanks Jimmy, you’re right. I didn’t read it properly.

Hey there’s more broken links, for example the one within “NCAT ORDERS”.

Very useful article, so request they be fixed, pretty please.

Thank you!

[reddant]

Thoigh the article says at step 4 that you go to an Adjudicator after mediation has failed. I thought Anudicators had been scrapped.

[reddant]

@confused1 said:
In my building its against fire regulations to leave your front door open, if that’s the case in yours they are in breach.

Could you at least solve the loud TV issue by bringing this up with the OC?  

Thanks confused1. After reading your suggestion here, I conducted a visit by a fire consultant, which was already.arranged. I asked him in a follow up email. He confirmed in writing that leaving ones door open as a permanent state and installing a fly screen door to do so is a breach of fire order. 

So thanks.

These tenants are still doing it. I am spending Christmas taking sneak videos and writing a noise log as requested by my strata manager and dreading going home everyday as requesting them to close the door and be quiet leads to them being rude to me.

Thanks also to Flat Chat for the current article you’ve posted about complaining.

[reddant]

I think any court or tribunal would find that people are allowed to stand around in the coridioir or on common property all day if they like, as long as they’re not doing anything else wrong, such as unreasonable noise or obstructing others on common property.

Never heard of loitering on common property as prohibited, have you?

This is a social problem we’ve had from time to time with tenants who don’t work and who have a disability and are socially disadvantaged as a consequence. They spend too much time on common property and are claustrophobic.

The overarching solution is to manage the building in a way that attracts top quality occupants instead. When the building is run down and not run properly (as our is) poor tenants live here and this is what you get.

I’ve searched everywhere and there is no external action you can take against people invading your concept of personal space or privacy.

I think that suggestion of writing a polite letter might be a next step. I’ll just tell them how I feel and ask them to take it on board.

[Author]

Replies