Can a NCAT Member write a decision that operates contrary to a State Regulation?
This is not contrary to the state regulations, it expands on them for the purposes of protecting the rights of strata owners to the peaceful enjoyment of their lots. Many if not most strata schemes have by-laws that forbid excessive noise at any time of day. Some have by-laws specific to, for instance, construction or renovation noise.
The Tribunal ruling would be contrary to EPA regulations if it said the residents COULD make noise during the prohibited times. That’s not what this ruling does.
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 1 year, 10 months ago by .