First of all, the committee and/or strata manager needs to follow up the Notice To Comply and seek fines, if only to establish that the upstairs neighbour has been uncooperative.
Then you need to seek mediation with a view to taking action at NCAT for the flooring to be fixed. The question of permission is almost irrelevant since the issue is whether or not the noise is excessive.
If the upstairs owners feel they have been treated unfairly by being challenged on flooring for which they have been given permission, then that is an issue they should take up with the committee.
And you should be talking to an experienced strata lawyer (like either of our sponsors) now, before you even think of calling a real estate agent. This is a surprisingly common problem as it’s a combination of people thinking they can do as they like with their property, inadequate by-laws and ineffective committees and strata management.
Don’t give up without a fight because the facts are simple – if the floor is too noisy then it needs to be fixed.
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.
- This reply was modified 2 years, 1 month ago by .