› Flat Chat Strata Forum › Neighbour noise › Drummer driving me mad › Current Page
OK, that’s clear. The by-law certainly covers this kind of noise and all you have to prove is that this neighbour ‘s noise is disturbing you.
As a first step, if you can, get a couple of members of the executive committee to come round at one of the usual practice times to hear for themselves. Bear in mind that State and council noise pollution laws apply when the windows and doors of the affected unit are OPEN so there’s no need for you to lock yourself away from this noise. The EC members can then go back to the EC and ask that a Notice To Comply be issued to the other owner.
If they use the usual cop-out of “this is between two neighbours” your next step is to request a mediation at Fair Trading – download and print the form HERE. Meanwhile gather as much material as you can in support of your case (see below). This should include a diary that states when the noise occurred, how long it went on for, how loud it was and how many instruments were being played. Start keeping this diary NOW.
Your drummer’s mother may not even turn up for the mediation or will and deny there’s a problem. It’s usually a waste of time in a conflict like this but it’s a process you have to go through to get to the next stage. By the way, I wouldn’t be suggesting times when the kid can practice … that undermines your case and may suggest to some that it’s not really that bad.
The next stage is an adjudication at the CTTT. This is done on paper so that’s when you have to have all your ammunition ready to go. Finally if one or other of you disputes the adjudication, there’s a hearing in front of a Member of the CTTT – again, your paperwork has to be watertight.
Here’s what you need to present your case.
A copy of your by-laws
Statements from friends and neighbours saying that they have heard the noise. Preferably Notarised by a JP.
Recordings of the noise (you can probably do this on your mobile phone if you don’t have a recorder). A handy 12-year-old will tell you how to transfer this to your computer and then burn it on CD.
Your ‘disturbance” diary.
All the correspondence from the other owner that acknowledges that her son is indeed practising in their garage.
One final thing, the CTTT presents itself as a “low-cost” adjudicator that doesn’t require lawyers. However, they are incredibly pedantic and legalistic and the slightest excuse – like one missing piece of paper – and they’ll dismiss your case.
I would be talking to a specialist strata lawyer about this right now if I were you.