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bella- I am not sure what you mean when you say that the slab was ‘drilled down’ to install timber flooring. What type of timber flooring was installed? Did the flooring have an underlay? Usually timber flooring is installed on top of another material (usually an acoustic underlay). I have not heard of the technique of ‘drilling down’.
With regard to installing or replacing wood or other hard floors this is deemed to be a ‘Minor’ renovation and needs approval by a general resolution (i.e. 50% of the vote) of the OC at a General Meeting. See Section 110 of the SSMA 2015.
The following conditions of Section 110 must be satisfied:
(4) Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following:
(a) details of the work, including copies of any plans,
(b) duration and times of the work,
(c) details of the persons carrying out the work, including qualifications to carry out the work,
(d) arrangements to manage any resulting rubbish or debris.
(5) An owner of a lot must ensure that:
(a) any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and
(b) the minor renovations and any repairs are carried out in a competent and proper manner.
Owners and occupants must not cause a nuisance, and they must not interfere with the peaceful enjoyment of the owner or occupier of another lot.
The upstairs neighbour has breached the Act if they have installed a timber floor without the proper authorization by the OC.
If you can hear footsteps etc then the upstairs neighbour may have committed another breach of the Act – that of not carrying out the minor renovation in a competent and proper manner.
I would seek the assistance of the Office of Fair Trading in mediating this issue. At the very least you could be demanding that an acoustic sound test be carried out in your apartment at the neighbouring owner’s expense, with the expected outcome being that the timber flooring be uplifted and reinstalled with a better acoustic barrier being placed between the slab and the timber.
If you are unable to obtain a satisfactory resolution via Mediation then you have an option to seek an Order from the Tribunal (i.e. NCAT) to have the upstairs neighbour either: (a) reinstate the carpet, or (b) install a better acoustic underlay laid under the timber flooring.