What do I do and how do I explain to NCAT?? To top it all off the neighbour is the Secretary of the Owners Corporation and the Strata Committee has refused to get involved saying it’s an issue between two neighbours. Please help
I think I might start with applying for a Section 232(2) action against the Owners Corporation for failure to enforce the scheme’s by-laws. If you were feeling particularly litigious, you could also apply to have the secretary removed from office or, from the committee entirely, under Section 238 for having “failed to comply with this Act or the regulations or the by-laws of the strata scheme.”
Be clear on this, it is enshrined in the Strata Schemes Act that the owners corporation has a duty to enforce its by-laws … and I have that directly from Minister Victor Dominello himself.
Now, to be fair, I’m not suggesting you actually follow through with these threats. But one significant element of them is that you have to apply for a madatory first step of mediation and the committee and the secretary will be served with requests to attend, with the reasons given for the mediation spelled out. If mediation doesn’t put a scare into them, you then at least have the option to proceed to NCAT.
You’d have to consider the next step carefully but, considering the impact of a noisy floor above on the value of your property, it might be worth serious thought.
As far as the potential for selective testing goes, send a message that you will want to see evidence (as in pictures) that temporary floor coverings have been removed to permit proper testing. You might add that if carpet has been laid, you will require a binding undertaking that it will not be removed.