#21220
Jimmy-T
Keymaster

    @drshelley said:

    When we asked our neighbour what they intended doing as 6 weeks has now passed, she said that she was waiting for further info from the acoustic engineer and then would be putting a submission to OC for approval???

    Presumably they want to delay the process for as long as possible by seeking “acoustic reports” that will tell them nothing except that the only truly effective sound dampener is thick carpet on a top quality underlay,  with an 11mmm quality underlay under floorboards is a fairly distant second.

    The only submission to the Owners Corporation that would be relevant would be notice that they intend to alter common property by ripping up the floorboards and putting additional insulation underneath.

    They could just be messing with your head  and the carpet layers will roll up on the very last day of the deadline. I would be tempted to send them a letter – perhaps a lawyer’s letter – telling them that you have noted that they have not commenced work to abide by the terms of the CTTT Order and their stated intention to pursue this through the Owners Corp.  

    You are giving them fair warning that there is no respite offered to them via the Owners Corp which can’t overturn an NCAT  (CTTT) order. The Owners Corporation can’t instruct them on what kind of noise insulation to use as the CTTT order simply states that they have to fix the problem.  The Owners Corp has no say in how that is to be achieved and even if they did tell them what to do and it didn’t work, they would still have to fix it.

    I would add that any failure to complete work within the deadline will be the subject of IMMEDIATE further action at NCAT which may impose fines of up to $5500 and award costs incurred by you, the plaintiff, in pursuing the order. 

    Considering the length of time that you have suffered noise due to their non-permitted removal of carpetting, any efforts to pursue this issue through the Owners Corp will been regarded as a delaying tactic and will be presented to NCAT as such, and you will accordingly pursue further orders and the imposition of fines with the utmost vigour. 

    The addition of a new by-law allowing the floor seems unlikely since it will be inferior to the standard item of strata law, section 117,  that forbids residents from disturbing another resident’s peaceful enjoyment of their lot.  They can’t use even the request for such a by-law as a stalling tactic – at least not without the risk of hefty fines at NCAT.

    Your choice is to jump now or wait until deadline day.  They don’t sound like the kind of people who like losing – perhaps this is their last little show of defiance before they cave in.

     

     

    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.