Flat Chat Strata Forum Neighbour noise Current Page

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  • #8293
    iMacka
    Flatchatter

      Hi All,

      Dealing with an issue at the moment and would like some advice.

      I currently live in a unit that is located above shops which was fine until a new shop opened underneath me.

      The air conditioning unit for the shop is on top of my roof. The air conditioning unit is old and has now started a very audible, very annoying vibrating noise. The new tennants run their air conditioning constantly its on from 9am till 9:30pm.

      I wrote to my strata company and complainted and they sent a serviceman out who “insulated” it to the best of his ability and advised me he was going to recommend they get a new unit as the existing one was very old. Eventually strata came back to me and said the quote was $6,000+ and therefore not approved.

      I might also add that my units strata is $850 per quarter. We have no lifts, no facilities nothing. I must admit i didnt think about this when i purchased although when i purchased the strata was $650pq.

      What more can i do? I cant stand the noise its driving me mad!! Any advice would be greatly appreciated!

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    • #16049
      Jimmy-T
      Keymaster


        @iMacka
        said:

        I currently live in a unit that is located above shops which was fine until a new shop opened underneath me.

        The air conditioning unit for the shop is on top of my roof. The air conditioning unit is old and has now started a very audible, very annoying vibrating noise. The new tenants run their air conditioning constantly its on from 9am till 9:30pm.

        I wrote to my strata company and complained and they sent a serviceman out who “insulated” it to the best of his ability and advised me he was going to recommend they get a new unit as the existing one was very old. Eventually strata came back to me and said the quote was $6,000+ and therefore not approved.

        What more can i do? I cant stand the noise its driving me mad!! Any advice would be greatly appreciated!

        First, look at your by-laws.  If there is a clause there (and there probably will be) that residents aren’t allowed to interfere with the peaceful enjoyment of another’s lot, then you have a case to take to Fair Trading and the CTTT to force the Owners Corp (or whoever actually owns the air-con unit) to fix the problem.

        Another good idea is to contact your local council – it’s their job to regulate noise nuisance. First, have a look at THIS website, then THIS one, to see the grounds on which you might complain.  By the way, don’t get confused between the regulations about the hours in which no noise should be heard and the levels of noise that constitue a nuisance.  These are two separate issues.  The former is about the times when you have to turn down your stereo or not use power tools – the latter is about ongoing noise nuisance at any time of day.  Certainly, the Environmental Protection Agency website states the following:

        What is offensive noise?

        The definition of offensive noise in the POEO Act is noise:

        (a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:

        (i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or

        (ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or

        (b) that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.

        On the face of it, I’d say under clause (a)(ii), you have a very strong case to ask council to step in and order the air-con owner to fix the problem.

        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
        #16067

        Hi There, another consideration may be that the area the AC is installed is Common Property, does it have OC approval? Perhaps it could be removed or relocated?

        Cheers CBF

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