#53051
Jimmy-T
Keymaster

    We have bylaws about this, the first thing is to get the building manager and strata manager to act and check if the upstairs unit violated the bylaws. Even such simple thing seems to be so difficult.

    Under section 122 of the Act, the owners corporation’s agents can enter a lot to see if work needs to be done on common property.  If the lot owner or resident refuses to let them, then they can seek orders at NCAT.  If they still refuse, and obstruct a valid NCAT order, they can be fined up to $5,500.

    So this is what a professional strata manager would do:

    1.  Approach the owner and say there seems to be a problem with the floor, which is common property and can we come and see if we need to fix it.

    2. If they refuse, the SM should commence mediation at Fair Trading with a view to getting NCAT orders, again on the grounds that there is a problem with common property and they need to see how it can be fixed.

    3. If that fails, then proceed to orders from NCAT.

    If there is a valid by-law in place about not lifting carpet, then the owners corp can proceed on that basis.  If they do have carpet but they are just noisy, then you as an individual can take action, although that is a lot trickier.

    I’d also be asking questions about the professionalism of your buildin manager or strata manager, if they weren’t able to offer that solution.

     

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.