#18466
Jimmy-T
Keymaster

    If I were a lawyer (which I am most definitely not) I might be looking at this owner’s previous arrogant and aggressive behaviour and thinking that someone has told him he’s going to lose and now he’s trying to mitigate his losses at your expense.

    In fact, his offer is an insult to your intelligence. Look at it this way, on weekdays, chummy upstairs may spend 8 hours in the bedroom but only half an hour getting into and out of bed.  The eight or so hours he spends in the living room will be clomping around on his timber floors.  

    So his “compromise” is to save you from half an hour of noise out of every 24.  Think about weekends when you can double the time spent having your peaceful enjoyment shattered by this chancer.

    In your position, I would not accept anything less than full carpeting in all living areas except those you have mentioned. You don’t have to offer anything by way of compromise but I would concede that he doesn’t have to rip up the wooden floor provided he carpets the whole area and a) it reduces the noise completely and b) he provides a legally binding agreement that applies to current and future occupants of the lot, never to expose the floorboards again.

    The price of not going to the CTTT may be way too high if it means most of the noise for most of the time is going to continue.

    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.