Is the SM not breaching the P & SA Act and the OC not breaching the SSM Act by: (i) Failing to act on 2 noise complaints last month? (ii) Failing to hire an expert to verify the level of noise transmitted to other lots? and (iii) Failing to pursue those who acted in bad faith by not doing their jobs when approving the renovation? Had they done their job, an acoustics certificate would be filed with the SM.
Regarding strata managers, the simple answer is NO.
Strata managers are not obliged by the Act or, most probably, their contracts to pursue complaints by individual owners about alleged breaches of by-law or the Act. They are not StrataKops.
They should pursue complaints made by the strata committee, but they don’t have to (although their contracts may not be renewed if they don’t). However, individual owners have the right to pursue issues through Fair Trading and NCAT if they so wish.
Strata committees can be taken to the Tribunal for a failure to fulfil their duties (Section 282, NSW) but you would still have to provide proof that the noise was excessive. But It would surely be easier to tackle the problem head-on that pursue a third party for doing nothing.
In any case, the key question isn’t whether or not adequate insulation was installed under the flooring, but whether or not the floor currently transfers the noise from the occupants excessively, or the occupants are excessively noisy, to the point that it interferes, unreasonably, with the peaceful enjoyment of the downstairs neighbours’ lot.
If you can prove that, you can take it to the tribunal. If you can’t, the strata manager isn’t likely to step up because they don’t have to.