› Flat Chat Strata Forum › Hard floors and tough decisions › Is hard tile affixed to the slab Common Property? › Current Page
Some of our legal “posters’ will be better able than me to advise you about legal precedents, but based on my past experience as Sec. of a self-managed 27 Lot Plan, tests that we conducted some time ago on the carpeted floors of 5 Lots on different levels gave an average (although fairly consistent) LnTw of 33. So your Plan’s requirement for a LnTw of <40 is about right.
Regarding who’s responsible for correcting the problem of the noisy itiled floor, I’d firstly suggest to you that it’s impossible for any tiles placed on a concrete floor to achieve the LnTw required under your Plan’s Special By-Law.
Secondly, and depending upon the wording of your O/C’s consent, it’s common for such consents to state that anything placed on or in a Common Property Wall or Floor by a Proprietor is the responsibility of the Proprietor from time-to-time of that Lot with regard to on-going maintenance and repairs. No O/C in their right mind would knowingly accept those responsibilities where a developer’s quality tile was replaced by an expensive / high quality Italian product!
As I said, the floor will not meet the consent conditions for the min. LnTw so the noise will have to be remedied, so I’d ask the O/C or Strata Manager for a copy of that consent, and lean on whoever is responsible under that consent to have the problem fixed under the Provisions of Model By-Law 14.
Over to our legal posters ……………..