Silent screams

Late night noise can be frustrating and debilitating and if you’re the only one who’s being kept awake by selfish neighbours,  or others don’t realise that they don’t have to put up with their racket, your complaints may fall on deaf ears.

QUESTION: I have had a problem with noisy neighbours who come home late and party until 3am or even later.  I complained to my executive committee (EC) but they decided that since mine was the only complaint, this was a dispute between two owners and therefore none of their business.  Is this right? And if so, what can I do as these party animals have never listened to my protests in the past – EK, Sydney.

ANSWER:  Your EC shouldn’t duck out of this but they can. If you can establish that there is a problem – by getting other neighbours to back you up or even by providing recordings of the noise – the executive committee should issue a “notice to comply” which carries a potential fine of $550 if breaches continue.  This applies to tenants as well as owners.

If the EC refuses to issue a “Notice To Comply”  you can contact Fair Trading (13 32 20) and take a complaint against your neighbour yourself.  But this is a long, slow and often frustrating process and it’s disappointing when the body you elect to look after your building refuses to do that.

Whether or not they are prepared to help, you can call the police when you are disturbed by excessive noise late at night. The law says you can’t play electronic equipment so loudly that it can be heard in another home between 10pm and 7am weekdays, or midnight and 8am at weekends and public holidays. Police will come around and probably warn your neighbours, then issue a fine ($200) if they persist.

If they still don’t behave, you can go to your Magistrate’s Court and get a noise abatement order. If your neighbours ignore it they’ll be in contempt of court and could be fined or even arrested!

Flat Chat readers can talk to me live on air on James Valentine’s radio show on ABC 702 on Tuesday, (Sept 1st) at 2 pm.!

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