Two points – the CTTT hasn’t existed under that name for several years. The Tribunal is now called NCAT (NSW Civil and Administrative Tribunal). Also, it doesn’t issue directives on hypotheticals or points of principle – everything is supposed to be decided on a case-by-case basis, according to the law.
Before you go too far down the strata law slippery slope, have a word with the neighbour and ask them if there’s anything they can do to limit the noise. Rubber mats would be a start.
If they are uncooperative, the relevant law consists of three parts – State laws on noise, strata laws on nuisance and the scheme’s by-laws.
State Environmental Protection Authority laws basically restrict intrusive noise from being created before 7 am on weekdays and 8 am at weekends. Have a look at this document and download the related neighbourhood noise link for more information.
Section 153 of the strata Act relates to nuisance which can include noise and vibration if it disturbs the “peaceful enjoyment” by other residents of their lots. This is a restriction that’s related to the disturbance rather than any time limits (as you will read from some tortuous legalistic arguments elswhere on this Forum). It’s harder to prove but if there is noise and there’s enough of it to disturb people, then you can seek orders at NCAT.
And finally there are your by-laws which may or may not refer to noise and may do so in a way that’s specific to your block. Every scheme can have different by-laws but the “model” by-laws say this:
An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
If have been told by a Fair Trading mediator that if you don’t have a by-law about an issue on your books, then the model by-laws apply by defaullt. And if you do have a by-law and it’s being breached then the strata committee or strata manager should be issuing notices to comply (although they may want to have a word with the mad exerciser first, too).
Pursuing this on the basis that a garage is an inappropriate place to exercise is probably the least likely route to success, unless you have some official document that says the garage can only be used for parking cars and nothing else.
Hope this helps.
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 .