#13048

Hi Playerproducer

If the tiles were installed at or before the date or registration of the strata plan they are common property. If an owner installed tiles after registration of the strata plan, it is the individual owner’s responsibility to look after the maintenance, renewal and repair of the tiles.

I am unable to advise on the by-law and it’s implications as I have not seen it. As a general rule, by-laws bind individual owners not owners corporations.

The standard Bylaws 1 and 14 addresses noise and flooring, respectively and might also be relevant. 

Sub-sections 117(1)(a) and (c) of the Strata Schemes Management Act provide for orders from an adjudicator at the CTTT for nuisance or interference.

There are numerous remedies under the Protection of the Environment Operations Act 1997 which address both sound and vibration levels where such noise is harmful to or interferes unreasonably with the comfort or repose of a person who is outside the premises from which the noise originates.

The remedies include noise control notices (issued by Local Council), noise abatement orders (issued by Local Court magistrate) and noise abatement directions (issued by member of police force).

There are also a range of CTTT cases addressing breaching bylaw 14 (eg Kelly v Lane [2006] NSWCTTT 438).

Chris Kerin

Senior Lawyer