#53414
Jimmy-T
Keymaster

    I would be interested to know if these by-laws are similar to the average by-laws, or if your by-laws have stronger provisions in them.

    Every building, to some extent, has its own by-laws and enforces them to different degrees.  For future reference – e.g. when you try to get your block’s by-laws upgraded to be a bit more effective – my own building’s flooring by-law stipulates 11mm Regupol underlay between the timber and the slab. Others tend to set noise transmission standards and leave it to the owners to work out how to best achieve them.

    Unfortunately, your by-laws stipulate Australian Building Standards which, I have to say, are woefully inadequate and designed to make building apartments more affordable for developers rather than livable for residents.

    And just to be clear, other blocks’ by-laws are irrelevant to your situation.  You have to live with what you’ve got.

    So, assuming the flooring upstairs doesn’t meet even BCA standards, the relevant questions are:

    1. Did the upstairs owner get the required permission to lift the carpet and install timber flooring?

    2. If they did, was it to install flooring without insulation?

    If the answers to either of the above is “No” you can ask your strata committee to commence action to have the floorboards removed and relaid with appropriate insulation or the floor recarpeted.

    If the answers are yes, you can start action against the committee for breaching its own by-laws (assuming the sound insulation doesn’t achieve minimum standards) and the upstairs owner for breaching section 153 of the strata Act (below).

    There should be a written record of any correspondence with your secretary or strata manager, which you are entitled to see.  If they say this is  a matter between you and the resident upstairs (as strata managrs and committees often do) point out that the Act requires the owners corp to to enforce its by-laws – it is not optional and you can compel them to do so under section 232 (2) of the Act.

    153   Owners, occupiers and other persons not to create nuisance

    (1)  An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not—

    (c)  use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.

    Good luck and brace yourself for the possibility of a long and bitter battle (especially considering the apparent selfishness and stupidity of your neighbour).

     

    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.