Flat Chat Strata Forum Common Property Current Page

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  • #9044
    MsM

      Hi Forum,

      I have an unusual problem. Which seems to be getting swept under the carpet so to speak. I’ll try to stop with the puns!

      Seeking advice and opinions – as it is impacting on me.

      I live in block of 8 units, we’re mostly quiet (except for tiled or floating floored units which are below and set opposite to us).

      Our neighbours have been abit inconsiderate of late (well the past few months) in allowing the front door of the complex to slam. It seems they just don’t hear it or register it (no there is no disability issues such as deafness etc).

      Collective neighbours have in recent months asked for consideration in attempting not to slam the door by way of a notice on the common noticeboard.

      Several of the owners have complained to the Strata Manager to get the door fixed, to avoid it slamming – this has reduced slightly -but the slamming continues. 

      Here’s my problem – one neighbour chooses to respond to the front foyer door being slammed by opening and then loudly slamming his front door. 

      The second problem is the front door is directly under my kitchen – and when the front door is slammed it is making my kitchen window rattle.

      On speaking to my Strata Manager, and trying not to seem like a whinger – he has suggested speaking directly to the potential parties.

      Within my complex other owners and tenants have not responded with consideration at being reminded of section 117 of the Strata Act.

      It is a point of extreme antagonism amongst owners and tenants alike in its application and practice. 

      So what do I do? My strata by laws have some point about behaviour of tenants and occupants – is this relevant and would this be cause for the Strata Manager to write asking all occupants to act on the matter of showing consideration to making sure the door doesn’t slam? Would value anyone else’s experience with this type of situation. 

      The unit doors are fairly heavy and fire rated, the owner slamming his door has not spoken with the potential parties. The potential parties seem to be entering and exiting the building without heavy objects and it is almost daily – hence my neighbours retaliatory response. 

       

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #19521
      Sir Humphrey
      Strataguru

        Does the door have an automatic closer? Would changing it for a better damped closer fix the problem? What about some rubber strips in the door jamb? I would think the OC could reasonably spend a little money on this as maintenance. Changing behaviour is hard work by comparison. 

        #19523
        kiwipaul
        Flatchatter

          Agree with PeterC.

          Get the EC to obtain a quote for a automatic door closer (or a quieter door closer) and get that installed. A far better sol then trying to change residents behavior or getting an NTC or adjudication ruling

           

          #19524
          DaveB
          Flatchatter

            I agree with Peter C and kiwipaul, but would add a couple of points for further consideration.   As the door is an external one with a lot of use, the OC should get a heavy duty self closer and make sure it is installed and adjusted properly.  The cheap little lightweight ones might suffice for screen doors and the like in a domestic situation, but are of little use in the situation you describe.   About your neighbour who slams his door, as this door is fire rated it should also come with a self closing apparatus.  If in proper working condition, it should be virtually impossible to slam that door.  If he has tampered with the apparatus or disconnected it, he would most likely be in breach of the fire regulations.  Worth getting the Managing Agent to check that out!  These doors are all common property issues. 

             

             

            #19526
            scotlandx
            Strataguru

              That would drive me bananas.  My neighbour beneath me has a habit of slamming doors when she has a fight with her partner, I wish she wouldn’t. (yes I have asked her not to, but she is hotheaded and “forgets”)

              However – in terms of your neighbour who has taken to opening and slamming his door every time the other neighbours slam the front door – is just being stupid, he’s not helping solve the problem.  Can’t you speak to him and tell him to stop?

              Has anyone spoken to the jerks slamming the front door?

              #19528
              MsM

                Hi Scotlandx, Kiwipaul, DaveB & Peter C,

                 

                Thanks for the responses everyone. Yes the door has an arm on it up the top to help it shut, it also has small dampener buffer pads to soften the noise, SM tells me it has been adjusted. 

                In relation to speaking with those parties who might be slamming the door – no – we have attempted a notice on the common notice board – but we believe the door slammers wrote “cudos to you” on the attempt to communicate with the neighbours seeking consideration. 

                Yes, agree on slamming of personal unit doors – it is passive aggressive behaviour and is not directly addressing the problem. Which is why I would have initiated a request to the SM to issue a NTC to all unit occupiers.

                I think – the owner slamming his door – and from my own experience with the potential two parties slamming the front door – will be met with apathy, and blown off. As SM says this is the behaviour of 20-somethings nowadays (geez am not much older than them but this is just silly).

                 

                Yell

                #19533
                Jimmy-T
                Keymaster

                  If this were my building, I’d ask the EC to send a notice to the people who allow the door to slam to comply with whatever bylaw that exists that says you may not use common property (the door) in such a way that it interferes with the peaceful enjoyment of other residents. 

                  Or there’s section 117(c) of the Act:

                  An owner, mortgagee or covenant chargee in possession (whether in person or not), lessee or occupier of a lot must not  use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.

                  As for the protest slammer, he or she should be sent a letter telling them that the original miscreants have received a Notice To Comply and that they should cease and desist immediately so that there can be no doubt who is doing the door slamming.  They should be warned that if they don’t stop the deliberate slamming, they too will get a NTC and face possible fines, since their front door is also common property.

                  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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