It can be hard enough keeping a lid on bad behavior in your own apartment block but what do you do if the building next door is the problem and their manager doesn’t care?
QUESTION: I live in a 1960s apartment block and we are having problems in neighbouring flats, built very closely next door, whose balconies overlook our bedrooms.
Police have attended noisy “domestics” in one apartment several times. In the most recent incident the male resident was “tasered” as he was wielding a knife.
There are a number of women in our block and we no longer feel safe with this violent man around. As they are not in our building, we aren’t able to issue by-law breaches, but when we appealed to their strata manager he said that it’s none of his business – the residents in his block are not affected by the noise as much as we are. It’s become very stressful. Is there anything we can do? – Overlooked, Newtown.
ANSWER: Sadly, there’s not a lot you can do to prevent next door’s strata manager from turning his block of units into a vertical trailer park – but at least you can take action against the thug who’s causing you grief.
You and affected neighbours can individually apply to your local magistrate’s court for a noise abatement order against the brawlers over the balcony. If it’s breached, that becomes a criminal act (rather than a civil complaint) and police can be called. Chances are he will move on rather than attract more police attention.
However, according to leading strata lawyers Stephen Goddard and Francesco Andreone, you’ll have less luck asking for a noise abatement order against the Owners Corporation next door even though they have by-laws to control behaviour in their building.
“It is a matter of convincing the court the building next door owes a duty of care to its neighbours,” says Goddard who warns that the “tort of nuisance” has not been tested in this area.
“It’s not possible to get a noise abatement order against the adjoining owners corporation,” agrees Andreone. “But it could be worth speaking to their executive committee if the strata manager isn’t doing anything.”