If these times are not the same then there are times when one says can and one says can’t – that’s contrary.
No, it’s not. It’s just different. I’m sorry you can’t follow the logic here. If the government says you can’t make a noise within a certain period and your strata committee says that, in this building, you also can’t make a noise in an expanded period that includes the regulated period, that is not contrary. A contrary by-law would be one that says you MUST make a noise in the regulated periods.
In any case, hobby renovators and other people using power drills and saws in a strata scheme, at times when their neighbours are entitled to rest and relax, are selfish assholes. Thankfully we can pass by-laws that set the community’s standards for this behaviour. They might differ from scheme to scheme but they are perfectly valid.
Maybe there’s no by-law in this case – your extract doesn’t say – but the model by-law about not disturbing the peaceful enjoyment of the resident in another lot will apply in any case. Nine to five limits on noise are pretty standard in strata schemes, if the Member was looking for a guideline in the absence of a by-law.
In effect you are suggesting that even though there is entitlement to operate tools as per the Regulation a by-law can infringe on that entitlement.
You call it an entitlement, I call it a limit. In any case the EPA regulation is for general housing everywhere. Of course by-laws can restrict behaviour that would be allowed elsewhere – that because strata living is different.
If people don’t have the decency to consider their neighbours then you have to make reasonable rules the nudge them in the right direction. I really don’t see what the problem is and no amount of equivocating is going to convince me (and I suspect the majority of readers) that I am wrong.
If the road outside your block has a speed limit of 50kph and the roads inside the scheme have a limit of 30 kph, that’s not contrary.
If the government says you can’t smoke in public spaces and your by-laws say you can’t smoke on common property (which is not a public place) then that is not contrary.
People are allowed to let their children play where they want – in strata, the by-laws say they must be accompanied by an adult. Not contrary.
JimmyT out!
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