› Flat Chat Strata Forum › Neighbour noise › Drummer driving me mad › Current Page
The test isn’t whether or not the noise is offensive, it’s whether or not it “disturbs the peaceful enjoyment of your lot”. It’s about geography, not aesthetics or opinions, so her ‘survey’ is irrelevant.
Your husband should use his position on the EC to arrange a “site visit” and then, if he chooses, he can withdraw from the vote on whether or not to issue a notice to comply (although he doesn’t have to).
There are other options. The NSW Office of Environment and Heritage has issued a leaflet on noise pollution (which, ironically, has a drawing of a drum on the front). You can read that HERE.
It advises other options like contacting your local council (don’t take your neighbour’s word that they aren’t in breach) and seeking a Noise Abatement Order from the District Court.
There are other legal avenues open to you (like seeking damages for loss of amenity and stress) the threat of which might be enough to get them to stop.
There’s a pretty substantial list of good strata lawyers if you click on Essential Links at the top of this page.
By the way, your strata manager needs a kick up the backside if he or she can’t see that this is a clear breach of the by-laws.