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Topic
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1. The resident in one unit complains of noise from the unit above. Mostly very loud foot traffic but also other noises;
2. Proof the above unit has hard floors has been provided to the SC;
3. The affected resident asked me for an opinion and I told him that it is mandatory for those installing such floorings to provide the OC with an acoustics certificate. Installation took place about 6 years ago;
4. When the strata managing agent (SMA) was asked for a copy of the acoustics certificate, he replied he has no record of it. The SMA came on the scene a couple of years after the floors were installed. It seems the previous SC committee or the previous SMA did not give the current SMA the certificate or worse, failed to ask for such a certificate when recommending to the OC to approve the renovation plans; and
5. SMA says the only option now is “for the strata scheme to prove the noise and lack of insulation” at the OC’s costs.I don’t think the SMA is correct. Surely whoever uses hard floors in place of carpet has to prove they complied and still comply with noise regulations. Not the other way around.
Questions:
A. Can the previous SC be held liable for not asking for the certificate or losing it?
B. Can the previous SMA be held liable not asking for the certificate or losing it?
C. Who today should be asked to provide the acoustics certificate given there is none on file? And why should pay?Note: the renovator in question has long sold out, but I am informed that he is contactable.
All suggestions welcome. Thank you.
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Is the SM not breaching the P & SA Act and the OC not breaching the SSM Act by: (i) Failing to act on 2 noise complaints last month? (ii) Failing to hire an expert to verify the level of noise transmitted to other lots? and (iii) Failing to pursue those who acted in bad faith by not doing their jobs when approving the renovation? Had they done their job, an acoustics certificate would be filed with the SM.
Regarding strata managers, the simple answer is NO.
Strata managers are not obliged by the Act or, most probably, their contracts to pursue complaints by individual owners about alleged breaches of by-law or the Act. They are not StrataKops.
They should pursue complaints made by the strata committee, but they don’t have to (although their contracts may not be renewed if they don’t). However, individual owners have the right to pursue issues through Fair Trading and NCAT if they so wish.
Strata committees can be taken to the Tribunal for a failure to fulfil their duties (Section 282, NSW) but you would still have to provide proof that the noise was excessive. But It would surely be easier to tackle the problem head-on that pursue a third party for doing nothing.
In any case, the key question isn’t whether or not adequate insulation was installed under the flooring, but whether or not the floor currently transfers the noise from the occupants excessively, or the occupants are excessively noisy, to the point that it interferes, unreasonably, with the peaceful enjoyment of the downstairs neighbours’ lot.
If you can prove that, you can take it to the tribunal. If you can’t, the strata manager isn’t likely to step up because they don’t have to.
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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