#17582
Jimmy-T
Keymaster

    Amazing the nonsense some people spout in order to pursue their own selfish ends.

    I wouldn’t even engage on the issue of whether or not there is insulation – it’s clearly not effective if it exists at all.  And no, they don’t have the right to do whatever they want in their apartment – id Daddy thinks that ‘s OK, let him put them in a room in his house.

    Also the owner of the apartment is responsible for the behaviour of the ‘tenants’ and can be issued with a noise abatement order at your district court, if need be.

    But at the very least you can apply as an individual to Fair Trading to issue a Notice to Comply with whatever by-laws you have regarding noise and/or flooring.

    Meanwhile your Executive Committee members need to ask themselves why they have taken on the role if they aren’t prepared to enforce their own by-laws.

    One thing, when you refer to “the Strata” who do you mean?  The Strata manager?  The building manager? The EC?  They all have very different roles.

    And the process at Fair Trading is Notice to Comply or application for an order, compulsory mediation, adjudication on paper (no hearing), then a hearing at CTTT – assuming the problem is not resolved or neither party gives up – leading to an order by the CTTT.  If they breach the order they can be fined up to $550.  If you get the order against Pops he might rein them in a bit.

    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.