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Hi! Can an owners corp not allow timber flooring in bedrooms? The Owners corp has informed us that we can have floating timber flooring in the living areas but not bedrooms. Can we challenge this and how? We are not young and no longer get up to gymnasts in the bedroom. I really can’t have carpet in the bedroom as I have very bad allergic rhinitis. Thanks!
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pema – The answer to your question depends upon what your by-laws say (or don’t say) about timber floors? Both scenarios are covered below.
If the by-laws say that timber flooring is not permitted in the bedrooms then you have a couple of options. They are:
1. Accept the by-law and keep the carpet. There are some carpet types that are better than others for allergy sufferers such as the Brease carpet range and Dunlop Comfort CHOICE underlay. OR
2. Put a Motion on the Agenda of the next General Meeting requesting that a relaxation of the by-law be permitted in your circumstances and asking permission be granted for you to install timber flooring in your bedroom. You would need to guarantee that the highest quality acoustic underlay was to be used. OR
3. Put a Motion on the Agenda of the next General Meeting to totally change the ‘no timber flooring in the bedroom’ by-law to one that is accepting of timber floors in bedrooms based on certain conditions being met i.e. acceptable acoustic underlay etc. OR
4. Challenge the ‘no timber in bedroom’ by-law through the proper channels (i.e. NCAT) by claiming that the by-law is unreasonable.
NB: Whether you are quiet in the bedroom is immaterial. The next owners or tenants may not be as quiet as you are.
If there is no by-law about timber floors then the installation of timber flooring is considered to be a minor renovation.
Here is an extract from the Strataman site reagarding timber flooring:
‘In the absence of a by-law already registered relating to this issue, installing floorboards is considered a “minor renovation” under Section 110: Minor renovations by owners AND Section 109: Cosmetic work by owners of the SSMA 2015.
Prior consent is required from the Owners Corporation. The biggest issue is noise transmission and a lot owner MUST ensure that this doesn’t impact other owners. If, after the installation, it IS found that any noise transmitting from your lot (due to the floorboards) disturbs your neighbours, you could easily find yourself at NCAT and you may be forced (by an NCAT order) to remove or cover the floorboards to stop the noise affecting others living in your Strata Scheme. Therefore, the wisest course of action would be to make sure the right acoustic measures are taken BEFORE the installation and, through the use of the highest grade, sound proofing underlay possible, avoid any conflict after the installation.’
Hi there I live in the bottom floor since my neighbors above me remove there carpet I haven’t had a good sleep . The owners decide to put floors board without notify me or showing the strata what rubber underlay they were going to use . I have spoke nicely to them by then is was diagnosed with cancer again I plead with them and it come close to fist . Now these owners have sold I it’s been rented I spoke to this land lord again politely he agree as I mention that putting carpet mats , this is not a 90% proof I still haven”t had a good sleep. I am the first to get up in our building so I respect others privates I am as quite as a mouse . My question is this has affect me that emotionally that I talk about it at my counseling meetings I have for the other disability’s I have. I have spoke to my strata and it’s the same I notify the owner who dose none thing cause he only worry about his rent. If it can worst can I go to a tribunal to have this problem fix that he needs 1 Put more carpet mats around or 2 replace the lounge room , bedrooms with carpet . If you or anyone can advise me i will be most appreciated I don’t need and others live in hell . Sound of Peace Priceless.
Thank you
Ynot
If I didn’t make sense it’s because I am learning disability
You are entitled to peace and quiet in your home and if your neighbours’ have gone ahead and installed flooring without consideration for you, then you are entitled to demad that they do something to remedy the situation.
The process is to request mediation at Fair Trading, then orders at NCAT. Perhaps you can find someone to help you with this as it can be quite complicated. At some point fining a sympathetic strata lawyer would be very, very helpful.
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.
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