#18239
Jimmy-T
Keymaster

    Have a look at this document HERE – it explains the kind of noise that is unacceptable in residential premises.

    Now, set that aside and, working on the assumption that the noise is coming from somewhere in the strata scheme, your EC can’t simply decide to put this in the ‘too hard’ basket.  They have a statutory duty to maintain common property and to uphold their by-laws.  

    What you want to do now is apply for mediation, preparatory to taking an order against the Owners Corp, demanding that they investigate and take action to resolve the issue.

    Your by-laws will almost certainly have a clause entitling you to the peaceful enjoyment of your lot.  You can apply to the CTTT to issue an order compelling the Owners Corp to take action on this.

    I have reproduced the relevant clause below. You can find out how to get an order at the CTTT here – click on the link and scroll down to “CTTT ORDERS”. 

    By the way, mediation is a mandatory step in this process but you might be able to get agreement from your EC to do the right thing at that stage and save everyone a lot of hassle while still ending up with a positive result.

    138   General power of Adjudicator to make orders to settle disputes or rectify complaints

    (1)  An Adjudicator may make an order to settle a dispute or complaint about:

    (a)  an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme, or

    (b)  the operation, administration or management of a strata scheme under this Act.

       

    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.