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Weekend Update July 11th-12th:
I’ve had an update on from both my strata/and the Real Estate Agent of the landlord(this matter is NSW):
The strata said internal noise is an internal issues(internal doors eg bedroom cubbards/toiet doors etc), and they will only mediate with “Noise matters concerning” common property eg swimming pool/or balcony noise/car park noise etc).
They said for internal door noise, “Noise is subjective” and it’s a matter between you vs the neighbouring owner/and owner’s tenants..
The real estate agent after much persistence to get an answer has informed me last night that there client(owner of the neighbouring) will not be voluntary make any accoustic adjutments to the unit and will not enter into any voluntary legally binding agreements about making acocustic adjustments and as Lot owner being liable to cover those accoustic adjustments eg underlays/accoustic consultant tests/door seals etc.
And they will not message the tenant about a complaint about noise or a breach of the residenantial tenancy act/strata management act etc eg noise/nusiance/peaceful enjoyment.. And if I wanted to take Legal action against both landlord/tenant, that’s up to me but nothing about this Noise matter will be voluntary agreed on..
I had a feeling that would be there response as they have dragged my complaint out for about 6 weeks..
So when parties act like that, you have no choice and Im gonna have to get “Lawyered up” and spend money taking legal action eg NSW Fair trading/NCAT/ and even court.. And I hope I win, but it will be a long and bitter dispute I have a hunch and potentially expensive for the losing party eg underlays aren’t cheap nor are accosutic consultants fees/tradies fees/or Legal fees etc..
I feel like I am now playing the role of the “Hunter” and the “Landlord/Tenant” is playing the role of the Hunted and they will do everything they can to stop me from being legally successful over there them eg delay tactics/no interest in volunary mediation/put up stern resistence to voluntary spend thousands of dollars depite being the liable party etc..
I’ve red some cases over the weekend about apartment building noise disputes and all I see is time consuming problem costs$$ , especially the losing party eg legal fees(and sometimes ordered to pay the legal fees of the complaining neighbour)/costs to pay accoustic consultants/and costs to put in noise reduction stuff eg underlays and other accosutic stuff.
Joe50