› Flat Chat Strata Forum › Hard floors and tough decisions › Upstairs owners reject notice to comply › Current Page
A couple of points:
Noise is noise and it doesn’t really matter what they say they’ve done and what thickness of which brand of insulation they have installed.
The BCA references to floor insulation in apartments are contingent on so many other issues that they are virtually meaningless and will have little bearing on a CTTT decision – the ONLY factor is if there is a noise problem that breaches by-laws (unless there’s a by-law that forbids hard floors and that’s a whole other issue).
The gold standard for under timber insulation is 11mm Regupol – and even then it isn’t always enough.
There is no mediation required for a Notice To Comply – they either fix it or they go to a tribunal where a fine (maximum $550) is imposed.
However, the Owners Corp may decided to go for an order at the CTTT which does require mediation but the fines for breaching that are up to $5500.
You’ll find the options and links to various information pages and forms HERE.
Meanwhile, gather as much evidence as you can about the levels and type of noise – recordings on your smartphone are acceptable evidence, as are stat decs from friends and neighbours – and be glad that your EC are running with this. So many drop the ball and say it’s a dispute between neighbours.