#18933

Hi, I am in a similar situation.

Your upstairs neighbour’s  attitude is not unusual.

Installers are telling customers that BCA compliance is the standard, but this is not relevant when dealing with By-Law 14, and that has been acknowledged in many of the adjudications by the CTTT.

From what I have searched on the Legal database, there are many decisions by the CTTT where complainants have been successful where they are organised and show evidence that their peaceful enjoyment of their lot is disturbed by the noisy flooring.

If you go to the CTTT yourself, the first mandatory step is Mediation, then next adjudication etc as stated below. It seems to me that this is the best and most effective option, because if they don’t comply with CTTT orders, there are fines, and also still a requirement to comply.

A strata Exec committee serves them a notice to comply with By-Law 14, under the Strata Schemes Management Act 1996, but this doesn’t seem to be as effective as going the route of the CTTT.

There are fines associated with non-compliance, but in my opinion, the best thing to do is to go down the road of the CTTT yourself, provide evidence and go to Adjudication if no agreement is met. If you agree to a solution at mediation, that is also binding.

You can search how the process works by looking here:

https://www.austlii.edu.au/cgi-bin/sinosrch.cgi?method=boolean&query=Strata+%26+Community+Schemes&meta=%2Fau&mask_path=au%2Fcases%2Fnsw%2FNSWCTTT

My opinion is don’t give up and be firm about what you want and be prepared to confronted with a lot of red-herrings by the respondent.

Stick to what you want because it IS reasonable.

All the best!