Noisy neighbours are a common problem and recently we were asked to review a noise by-law in a northern based strata scheme.
The model by-law in the schedule 1 of the Strata Schemes Management Act 1996 in respect of noise provides-
An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
However, an owners corporation cannot restrict what an owner does within their lot. This is beyond the power of the owners corporation.
Normally, in such a situation an owner would put forward a written complaint to the owners corporation with the details of the breach of by-laws.
If the owners corporation cannot negotiate a solution, you can put forward a written motion to issue a notice of the by-law breach. The motion would need to be passed by ordinary resolution before a notice of the breach of by-laws is issued.
Regardless of whether an owner has been granted with permission to have a pet or recreational equipment, they should have regard for their neighbours.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500